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People v. Roberts

Supreme Court, Appellate Division, Third Department, New York.
Dec 24, 2015
134 A.D.3d 1352 (N.Y. App. Div. 2015)

Opinion

106623.

12-24-2015

The PEOPLE of the State of New York, Respondent, v. Janiek ROBERTS, Appellant.

Carolyn B. George, Albany, for appellant. P. David Soares, District Attorney, Albany (Michael C. Wetmore of counsel), for respondent.


Carolyn B. George, Albany, for appellant.

P. David Soares, District Attorney, Albany (Michael C. Wetmore of counsel), for respondent.

Opinion

McCARTHY, J.

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered January 27, 2014, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

When he was 16 years of age, defendant unlawfully entered an occupied residence with a codefendant at night and removed video games, a laptop computer and car keys. He and the codefendant then stole a car outside the residence, which they eventually abandoned. As a result of this incident, defendant was charged in an indictment with burglary in the second degree and grand larceny in the third degree. In satisfaction thereof, he pleaded guilty to attempted burglary in the second degree and executed an appeal waiver. County Court declined to afford him youthful offender status and sentenced him, in accordance with the plea agreement, to three years in prison, to be followed by 3 ½ years of postrelease supervision. Defendant appeals.

Defendant's sole contention is that County Court erred in declining to treat him as a youthful offender. This claim, however, is precluded by defendant's valid waiver of the right to appeal, which he does not challenge (see People v. Wright, 123 A.D.3d 1241, 1241, 996 N.Y.S.2d 556 2014; People v. Fate, 117 A.D.3d 1327, 1329, 986 N.Y.S.2d 672 2014, lv. denied 24 N.Y.3d 1083, 1 N.Y.S.3d 10, 25 N.E.3d 347 2014; People v. Torres, 110 A.D.3d 1119, 972 N.Y.S.2d 738 2013, lv. denied 22 N.Y.3d 1044, 981 N.Y.S.2d 377, 4 N.E.3d 389 2013 ). We note that County Court adequately set forth on the record its reasons for denying defendant youthful offender status (see People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 2015; compare People v. Pacheco, 110 A.D.3d 927, 973 N.Y.S.2d 704 2013 ). Therefore, we find no reason to disturb the judgment of conviction.

ORDERED that the judgment is affirmed.

PETERS, P.J., EGAN JR., DEVINE and CLARK, JJ., concur.


Summaries of

People v. Roberts

Supreme Court, Appellate Division, Third Department, New York.
Dec 24, 2015
134 A.D.3d 1352 (N.Y. App. Div. 2015)
Case details for

People v. Roberts

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JANIEK ROBERTS…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Dec 24, 2015

Citations

134 A.D.3d 1352 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 9567
21 N.Y.S.3d 649

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