People v Watkins

2008 NY Slip Op 05205

Decided on June 6, 2008

Appellate Division, Fourth Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 6, 2008


PRESENT: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.
809 KA 07-00521




Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered October 27, 2006. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree.


THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BARBARA J. DAVIES OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (J. MICHAEL MARION OF COUNSEL), FOR RESPONDENT.


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 of robbery in the second degree (Penal Law § 160.10 [2] [b]). Contrary to the contention of defendant, his waiver of the right to appeal was knowingly, intelligently and voluntarily entered (see People v Lopez, 6 NY3d 248, 256; People v Nichols, 32 AD3d 1316, 1317, lv denied 8 NY3d 848, 988). That valid waiver encompasses the challenges by defendant to the severity of the sentence (see People v Hidalgo, 91 NY2d 733, 737; People v Dupont, 292 AD2d 872, lv denied 98 NY2d 650; People v Wilson, 284 AD2d 959, 960, lv denied 96 NY2d 943), and to the denial of his request for youthful offender status (see People v Kearns, ___ AD3d ___ [Apr. 25, 2008]).
Entered: June 6, 2008
JoAnn M. Wahl
Clerk of the Court