People v Simms

2011 NY Slip Op 08620 [89 AD3d 1043]

November 22, 2011

Appellate Division, Second Department

As corrected through Wednesday, January 4th, 2012

The People of the State of New York,Respondent, v Christopher Simms, Appellant.

—[*1]Steven Banks, New York, N.Y. (Adrienne Gantt of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum ofcounsel; Benjamin Barczewski on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, KingsCounty (Parker, J.), imposed October 30, 2009.

Ordered that the sentence is affirmed.

The defendant's valid waiver of his right to appeal precludes review of his claim that he should havebeen sentenced as a youthful offender (see People v Hidalgo, 91 NY2d 733, 735 [1998];People v Allen, 82 NY2d 761, 763 [1993]; see also People v Valentin, 15 AD3d 424 [2005]; People v Friedlander, 11 AD3d 556[2004]; People v Hubbard, 288 AD2d 490, 490 [2001]; cf. People v Johnson, 14 NY3d 483, 486 [2010]). Prudenti, P.J.,Rivera, Eng, Leventhal and Miller, JJ., concur.