Opinion
2019-02807 2019-02990 Ind. 17-00749 17-00775
11-24-2021
The People, etc., respondent, v. Markeus Wiltshire, appellant.
Scott M. Bishop, White Plains, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (Maria Wager and William C. Milaccio of counsel), for respondent.
Submitted - October 27, 2021
Scott M. Bishop, White Plains, NY, for appellant.
Miriam E. Rocah, District Attorney, White Plains, NY (Maria Wager and William C. Milaccio of counsel), for respondent.
WILLIAM F. MASTRO, J.P. SYLVIA O. HINDS-RADIX VALERIE BRATHWAITE NELSON LARA J. GENOVESI, JJ.
DECISION & ORDER
Appeals by the defendant from two judgments of the Supreme Court, Westchester County (Barry E. Warhit, J.), both rendered February 15, 2018, each convicting him of attempted assault in the second degree, upon his pleas of guilty, and imposing sentences.
ORDER ED that the judgments are affirmed.
The defendant's purported waiver of his right to appeal was invalid. Although the Supreme Court indicated that there were certain rights that survived the waiver of the right to appeal, it gave no indication as to what those rights were (see People v Coverdale, 189 A.D.3d 1610).
The Supreme Court fulfilled its responsibility to consider whether the defendant should be afforded youthful offender treatment (see People v Rudolph, 21 N.Y.3d 497). Under the circumstances of this case, the denial of youthful offender treatment was not an improvident exercise of discretion.
MASTRO, J.P, HINDS-RADIX, BRATHWAITE NELSON and GENOVESI, JJ, concur