| People v Macklin |
| 2008 NY Slip Op 02397 [49 AD3d 1299] |
| March 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v ShawnMacklin, Appellant. |
—[*1] Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered March 1,2006. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in thefirst 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 ofattempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [4]). Defendantcontends that his waiver of the right to appeal is invalid because, in view of his age and lack ofprior criminal history, County Court should have engaged in a more detailed colloquy. We rejectthat contention. The record establishes that defendant voluntarily, knowingly and intelligentlywaived his right to appeal (see People vLopez, 6 NY3d 248, 256 [2006]), and the valid waiver encompasses defendant'schallenge to the severity of the sentence (see id.). Defendant failed to preserve for ourreview his contention that the court should have afforded him youthful offender status (seeCPL 470.05 [2]) and, in any event, that contention is encompassed by defendant's waiver ofthe right to appeal (see People vWilliams, 37 AD3d 1193 [2007]). Present—Martoche, J.P., Smith, Peradotto,Pine and Gorski, JJ.