| People v Williams |
| 2008 NY Slip Op 02367 [49 AD3d 1280] |
| March 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v MontaWilliams, Appellant. |
—[*1] Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered March 2,2006. The judgment convicted defendant, upon his plea of guilty, of attempted rape in the firstdegree.
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 ofattempted rape in the first degree (Penal Law §§ 110.00, 130.35 [3]), defendantcontends that his waiver of the right to appeal was not knowingly, intelligently and voluntarilyentered. We reject that contention (seePeople v Lopez, 6 NY3d 248, 256 [2006]; People v Winchester, 38 AD3d 1336, 1337 [2007], lv denied9 NY3d 853 [2007]; People vGilbert, 17 AD3d 1164 [2005], lv denied 5 NY3d 762 [2005]). The valid waiverby defendant of his right to appeal encompasses his challenge to the severity of the bargained-forsentence (see Lopez, 6 NY3d at 255; Winchester, 38 AD3d at 1338). Defendantconcedes that he failed to request youthful offender treatment at sentencing and, " '[i]n anyevent[,] given defendant's prior history and the nature of the crime, there is no indication beforeus that such treatment was warranted' " (People v Burlew, 261 AD2d 828, 828 [1999]; see People v Syrell, 42 AD3d 947,948 [2007]). Present—Hurlbutt, J.P., Lunn, Fahey, Peradotto and Pine, JJ.