Opinion
No. KA 06-01928.
March 14, 2008.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered June 19, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the second degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (STEVEN MEYER OF COUNSEL), FOR RESPONDENT.
Present: Scudder, P.J., Martoche, Centra, Fahey and Peradotto, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10), defendant contends that County Court failed to engage in an adequate colloquy to ensure that his waiver of the right to appeal was knowing and voluntary ( see generally People v McQuiller, 19 AD3d 1043, 1044, lv denied 5 NY3d 808; People v Brown, 296 AD2d 860, lv denied 98 NY2d 767). Even assuming, arguendo, that the waiver by defendant of the right to appeal is invalid and thus does not encompass his challenge to the court's refusal to adjudicate him a youthful offender, we nevertheless reject that challenge ( see CPL 720.20 [a]; People v McDaniels, 19 AD3d 1071, 1072, lv denied 5 NY3d 830; People v Potter, 13 AD3d 1191, lv denied 4 NY3d 889).