| People v Capps |
| 2009 NY Slip Op 04595 [63 AD3d 1632] |
| June 5, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Evony Capps,Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (J. Michael Marion of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered February21, 2007. The judgment convicted defendant, upon her plea of guilty, of manslaughter in the firstdegree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty ofmanslaughter in the first degree (Penal Law § 125.20). We conclude that the waiver bydefendant of the right to appeal was knowingly and voluntarily entered (see People v Lopez, 6 NY3d 248,256 [2006]), and that valid waiver encompasses her challenge to the severity of the sentence(see id.; People v Kearns,50 AD3d 1514 [2008], lv denied 11 NY3d 790 [2008]). The valid waiver alsoencompasses the contention of defendant that County Court should have afforded her youthfuloffender status (see Kearns, 50 AD3d at 1515) and, in any event, defendantfailed to preserve her contention for our review inasmuch as she did not request that statusduring the plea proceedings or at sentencing (see People v Fowler, 28 AD3d 1183, 1184 [2006], lvdenied 7 NY3d 788 [2006]). Present—Scudder, P.J., Martoche, Fahey, Carni andPine, JJ.