| People v Harris |
| 2010 NY Slip Op 06876 [77 AD3d 1326] |
| October 1, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Fred Harris, Jr.,Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Douglas A. Goerss of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered June 11,2009. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the firstdegree.
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, ofattempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [4]). Contrary todefendant's contention, County Court "expressly ascertained from defendant that, as a condition of theplea, he was agreeing to waive his right to appeal, and the court did not conflate that right with thoseautomatically forfeited by a guilty plea" (People v Pasha, 36 AD3d 425, 426 [2007], lv denied 8 NY3d989 [2007]; see People v Lopez, 6NY3d 248, 256-257 [2006]). The valid waiver by defendant of his right to appeal encompasseshis challenge to the court's denial of his request for youthful offender status (see People v Porter, 55 AD3d 1313[2008], lv denied 11 NY3d 899 [2008]; People v Williams, 37 AD3d 1193 [2007]). Present—Centra,J.P., Peradotto, Lindley, Sconiers and Gorski, JJ.