| People v Wargula |
| 2011 NY Slip Op 05768 [86 AD3d 929] |
| July 1, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v TimothyWargula, Appellant. |
—[*1] Timothy Wargula, defendant-appellant pro se. Frank A. Sedita, III, District Attorney, Buffalo (J. Michael Marion of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.),rendered July 21, 2009. The judgment convicted defendant, upon his plea of guilty, ofmanslaughter in the first degree.
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,of manslaughter in the first degree (Penal Law § 125.20 [1]). Even assuming, arguendo,that defendant's waiver of the right to appeal is invalid and thus that his contentions on appeal arenot encompassed by the waiver, we nevertheless conclude that they are without merit. We rejectdefendant's contention that Supreme Court misapprehended the scope of its discretionaryauthority when it imposed a five-year period of postrelease supervision inasmuch as defendantwas sentenced in accordance with the plea agreement providing that he would be sentenced to adeterminate term of imprisonment of 18 years and to five years of postrelease supervision (see generally People v McCrimager, 81AD3d 1324 [2011]). We conclude that the court's reliance on the presentence report for itsdetermination that defendant would not be afforded youthful offender status "constitutes anadequate explanation for the denial of defendant's request for such status" (People v Lewis, 49 AD3d 1290,1291 [2008]; see People v DePugh,16 AD3d 1083, 1084 [2005]; cf.People v Lee, 79 AD3d 1641 [2010]; see generally CPL 720.20 [1]). We rejectdefendant's further contention that the sentence is unduly harsh and severe. We have revieweddefendant's remaining contentions, including the contention raised in his pro se supplementalbrief, and conclude that they are without merit. Present—Scudder, P.J., Smith, Carni,Green and Martoche, JJ.