| People v Griffin |
| 2012 NY Slip Op 07720 [100 AD3d 1153] |
| November 15, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Louis Griffin,Appellant. |
—[*1] Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), forrespondent.
Peters, P.J. Appeal from a judgment of the County Court of Schenectady County (Drago, J.),rendered June 8, 2011, convicting defendant upon his plea of guilty of the crime of criminalpossession of a weapon in the second degree.
Following his attempted sale of a handgun to an undercover police officer, defendant pleadedguilty to one count of criminal possession of a weapon in the second degree and waived his rightto appeal. County Court, as part of a negotiated plea agreement, thereafter sentenced defendant toa prison term of four years to be followed by four years of postrelease supervision and denied hisrequest to be accorded youthful offender status. Defendant now appeals.
We affirm. Initially, we find that defendant's waiver of his right to appeal was knowing,voluntary and intelligent. During the plea colloquy, County Court separately explained the natureof the appeal rights being waived and the consequences of doing so, and confirmed thatdefendant understood and agreed to waive those rights. Additionally, defendant executed awritten waiver in open court that acknowledged that he had discussed the waiver with counseland understood the ramifications. Accordingly, we find that defendant's waiver of his right toappeal his conviction and sentence was valid (see People v Lopez, 97 AD3d 853, 853 [2012], lv denied19 NY3d 1027 [2012]; People vClemons, 96 AD3d 1086, 1087 [2012]).
With respect to defendant's remaining contentions, the valid waiver of his right to [*2]appeal precludes both his argument that County Court abused itsdiscretion in denying his request to be sentenced as a youthful offender and the challenge to theseverity of his sentence (see People vDixon, 93 AD3d 894, 896 [2012]; People v Brabham, 83 AD3d 1225, 1225 [2011]; People v Cullen, 62 AD3d 1155,1157 [2009], lv denied 13 NY3d 795 [2009]).
Rose, Malone Jr., Stein and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.