People v Ibralic

2008 NY Slip Op 06755 [54 AD3d 1073]

September 11, 2008

Appellate Division, Third Department

As corrected through Wednesday, October 29, 2008

The People of the State of New York, Respondent, v Harris Ibralic,Appellant.

—[*1]G. Scott Walling, Queensbury, for appellant.

P. David Soares, District Attorney, Albany (Brett M. Knowles of counsel), forrespondent.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered April20, 2007, convicting defendant upon his plea of guilty of the crime of burglary in the seconddegree.

Defendant pleaded guilty to burglary in the second degree and was sentenced to seven yearsin prison and 2½ years of postrelease supervision. He now appeals.

Contrary to defendant's assertion, the record reveals that he knowingly, intelligently andvoluntarily waived his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]). Given his validappeal waiver, defendant's challenges to both the severity of his sentence and the denial ofyouthful offender treatment are precluded (see People v Stark, 49 AD3d 969 [2008]). Consequently, thejudgment is affirmed.

Peters, J.P., Spain, Kane, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment isaffirmed.