People v Santana

2008 NY Slip Op 08036 [55 AD3d 1057]

October 23, 2008

Appellate Division, Third Department

As corrected through Wednesday, December 10, 2008

The People of the State of New York, Respondent, v Angel G. Santana,Jr., Appellant.

—[*1]Michael B. Fisher, Wilmington, for appellant.

Julie A. Garcia, District Attorney, Elizabethtown (Michael P. Langey of counsel), forrespondent.

Appeal from a judgment of the County Court of Essex County (Meyer, J.), rendered June 26,2007, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of acontrolled substance in the fifth degree.

Waiving indictment and his right to appeal, defendant pleaded guilty to a superior court informationcharging him with attempted criminal possession of a controlled substance in the fifth degree. CountyCourt thereafter sentenced defendant, in accordance with the plea agreement, to 1½ years inprison with participation in a shock incarceration program, to be followed by one year of postreleasesupervision. Defendant appeals, and we now affirm. Defendant's sole argument that County Courterred in denying him youthful offender treatment is precluded by his valid appeal waiver (People v Ibralic, 54 AD3d 1073[2008]; People v Baldwin, 36 AD3d1024, 1025 [2007]).

Cardona, P.J., Mercure, Spain, Lahtinen and Malone Jr., JJ., concur. Ordered that the judgment isaffirmed.