| People v McKay |
| 2013 NY Slip Op 03345 [106 AD3d 837] |
| May 8, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Isaac McKay, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L.Mandel of counsel; Robert Ho on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(D'Emic, J.), rendered September 22, 2011, as amended October 25, 2011, convictinghim of assault in the second and third degrees, upon his plea of guilty, and imposingsentence.
Ordered that the judgment, as amended, is affirmed.
The defendant validly waived his right to appeal as part of his plea agreement (see People v Lopez, 6 NY3d248 [2006]; People v Callahan, 80 NY2d 273 [1992]; People vSeaberg, 74 NY2d 1 [1989]; cf. People v Bradshaw, 18 NY3d 257 [2011]). This waiverencompassed the defendant's claim on appeal that the Supreme Court should haveexercised its discretion to give him a second chance to attend a treatment program,despite the fact that he violated the plea agreement (see People v Rodriguez, 46 AD3d 356 [2007]; People v Wilson, 11 AD3d206 [2004]). Mastro, J.P., Chambers, Lott and Sgroi, JJ., concur.