| People v Joseph |
| 2008 NY Slip Op 04110 [50 AD3d 1159] |
| April 29, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JeanLuc Joseph, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel ofcounsel; Rami A. Yomtov on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Holdman,J.), rendered August 17, 2006, convicting him of criminal possession of a weapon in the thirddegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's purported waiver of his right to appeal from his sentence cannot beconsidered knowing, voluntary, and intelligent (see People v Warde, 45 AD3d 879 [2007]; People v Sheppard, 29 AD3d 829[2006]; People v Henry, 29 AD3d820 [2006]). However, since the defendant pleaded guilty with the understanding that hewould receive the sentence that was thereafter imposed, which did not include youthful offendertreatment, he has no cause to complain on appeal (see People v Gray, 46 AD3d 703 [2007]; People v Sharlow, 12 AD3d 724,726 [2004]; People v Kazepis, 101 AD2d 816 [1984]). The Supreme Court properlyexercised its discretion in declining to sentence the defendant as a youthful offender since thedefendant was convicted of an armed felony and there were no mitigating circumstancesattendant to the commission of the crime (see CPL 720.10 [2] [a] [ii]; [3] [i]; Peoplev Thomas, 206 AD2d 708, 709 [1994]). Rivera, J.P., Lifson, Ritter and Carni, JJ., concur.