Opinion
2012-06-29
The PEOPLE of the State of New York, Respondent, v. Robert J. KING, Defendant–Appellant.
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered August 16, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal solicitation in the third degree. David P. Elkovitch, Auburn, for defendant-appellant. Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of Counsel), for respondent.
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered August 16, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal solicitation in the third degree.
David P. Elkovitch, Auburn, for defendant-appellant. Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of Counsel), for respondent.
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of criminal solicitation in the third degree (Penal Law § 100.08), defendant contends that County Court abused its discretion in denying his request for youthful offender status. That contention is encompassed by defendant's valid waiver of the right to appeal, however, and therefore is not properly before us ( see People v. Rush, 94 A.D.3d 1449, 1449–1450, 942 N.Y.S.2d 844;People v. Lyons, 86 A.D.3d 930, 931, 926 N.Y.S.2d 255,lv. denied17 N.Y.3d 954, 936 N.Y.S.2d 80, 959 N.E.2d 1029;cf. People v. Anderson, 90 A.D.3d 1475, 1476, 935 N.Y.S.2d 237,lv. denied18 N.Y.3d 991, 945 N.Y.S.2d 646, 968 N.E.2d 1002).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.