| People v Buryta |
| 2011 NY Slip Op 04927 [85 AD3d 1621] |
| June 10, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v BrandonBuryta, Appellant. |
—[*1] Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), renderedJuly 6, 2010. The judgment convicted defendant, upon his plea of guilty, of attempted assault inthe second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty ofattempted assault in the second degree (Penal Law §§ 110.00, 120.05 [1]), defendantcontends that County Court abused its discretion in denying his request for youthful offenderstatus. "Defendant's responses to County Court's questions unequivocally established thatdefendant understood the proceedings and was voluntarily waiving the right to appeal" (People v Gilbert, 17 AD3d 1164,1164 [2005], lv denied 5 NY3d 762 [2005]; see People v Lopez, 6 NY3d 248, 256 [2006]), and "[t]he validwaiver of the right to appeal encompasses defendant's contention concerning the denial of hisrequest for youthful offender status" (People v Elshabazz, 81 AD3d 1429, 1429 [2011]). In any event,upon our review of the record, we conclude that the court did not abuse its discretion in denyingdefendant's request for youthful offender status (see People v Bell, 56 AD3d 1227 [2008], lv denied 12NY3d 781 [2009]; People v Potter,13 AD3d 1191 [2004], lv denied 4 NY3d 889 [2005]; see generally CPL720.20 [1] [a]), and we decline his request to exercise our interest of justice jurisdiction toadjudicate him a youthful offender (cf. People v Shrubsall, 167 AD2d 929, 929-930[1990]). Present—Smith, J.P., Centra, Fahey, Gorski and Martoche, JJ.