| People v Lopez |
| 2011 NY Slip Op 01863 [82 AD3d 906] |
| March 8, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v IsmailLopez, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel ofcounsel; Tamara De Moor on the memorandum), for respondent.
Appeal by the defendant from a sentence of the Supreme Court, Kings County (DiMango, J.),imposed March 11, 2009, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The record is insufficient to demonstrate that the defendant knowingly, voluntarily, andintelligently waived his right to appeal (see People v David S., 78 AD3d 1205 [2010]; People v Shoman, 74 AD3d 843[2010]; People v Gladden, 267 AD2d 400 [1999]; People v Dongo, 244 AD2d353 [1997]). Accordingly, the defendant's purported waiver of his right to appeal does notpreclude review of his contention that the Supreme Court should have afforded him youthfuloffender treatment. However, contrary to the defendant's contention, the Supreme Courtprovidently exercised its discretion in denying his request for youthful offender treatmentconsidering, inter alia, the serious nature of the offense he committed, and the otherwisefavorable plea agreement (see People vHuffman, 47 AD3d 646 [2008]; People v Wright, 44 AD3d 692 [2007]; People v Thompson, 16 AD3d 603[2005]; cf. People v Cruickshank, 105 AD2d 325 [1985], affd sub nom. People vDawn Maria C., 67 NY2d 625 [1986]). Prudenti, P.J., Angiolillo, Eng and Roman, JJ.,concur.