People v Franko
2012 NY Slip Op 05834 [98 AD3d 525]
August 1, 2012
Appellate Division, Second Department
As corrected through Wednesday, September 26, 2012


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

[*1]

Joseph A. Hanshe, Sayville, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.),rendered February 14, 2011, convicting him of conspiracy in the second degree, upon his plea ofguilty, and imposing sentence.

Ordered that the judgment is affirmed.

The record demonstrates that the defendant knowingly, intelligently, and voluntarily waivedhis right to appeal (see People vLopez, 6 NY3d 248, 256-257 [2006]; cf. People v Bradshaw, 18 NY3d 257, 264 [2011]). The defendant'svalid waiver of his right to appeal precludes review of his contention that the sentencing courtshould have sentenced him as a youthful offender (see People v Holland, 91 AD3d 672 [2012]; People v Billings, 60 AD3d 961,962 [2009]; People v Valentin, 15AD3d 424 [2005]). Angiolillo, J.P., Dickerson, Leventhal and Chambers, JJ., concur.


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