Opinion
No. 639 KA 21-01721
10-04-2024
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CURTIS MALCOLM, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SUSAN HUTCHISON OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL J. KEANE, ACTING DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SUSAN HUTCHISON OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL J. KEANE, ACTING DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., BANNISTER, MONTOUR, DELCONTE, AND HANNAH, JJ.
Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), rendered October 28, 2021. The judgment convicted defendant upon his plea of guilty of assault on a police officer and unlawful fleeing a police officer in a motor vehicle in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of assault on a police officer (Penal Law § 120.08) and unlawful fleeing a police officer in a motor vehicle in the second degree (§ 270.30). Contrary to defendant's contention, the record establishes that the oral colloquy, together with the written waiver of the right to appeal, was adequate to ensure that defendant's waiver of the right to appeal was made knowingly, intelligently, and voluntarily (see People v Thomas, 34 N.Y.3d 545, 564 [2019], cert denied - U.S. -, 140 S.Ct. 2634 [2020]; People v Rowell, 224 A.D.3d 1335, 1335 [4th Dept 2024], lv denied 41 N.Y.3d 985 [2024]). The valid waiver forecloses defendant's challenge to County Court's "discretionary decision to deny youthful offender status" (People v Stackhouse, 214 A.D.3d 1303, 1304 [4th Dept 2023], lv denied 39 N.Y.3d 1157 [2023]), any request that we exercise our interest of justice jurisdiction "to adjudicate him a youthful offender" (People v Middlebrooks, 167 A.D.3d 1483, 1484 [4th Dept 2018], lv denied 32 N.Y.3d 1207 [2019], reconsideration denied 33 N.Y.3d 1033 [2019]), and defendant's "challenge to the severity of the sentence" (People v Lopez, 6 N.Y.3d 248, 256 [2006]; see Rowell, 224 A.D.3d at 1335-1336).