| People v Jones |
| 2013 NY Slip Op 04533 [107 AD3d 1611] |
| June 14, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York,Respondent, v Kenneth L. Jones, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.),rendered October 17, 2011. The judgment convicted defendant, upon his plea of guilty,of assault 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 ofguilty of assault in the first degree (Penal Law § 120.10 [1]). Contrary todefendant's contention, the record establishes that he knowingly, voluntarily andintelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]; People v Luper, 101 AD3d1668, 1668 [2012], lv denied 20 NY3d 1101 [2013]). The valid waiver ofthe right to appeal, however, does not encompass defendant's contention regarding thedenial of his request for youthful offender status because "[n]o mention of youthfuloffender status was made before defendant waived his right to appeal during the pleacolloquy" (People vAnderson, 90 AD3d 1475, 1476 [2011], lv denied 18 NY3d 991[2012]). We nevertheless reject defendant's contention that County Court abused itsdiscretion in denying his request for youthful offender status (see People v Guppy, 92 AD3d1243, 1243 [2012], lv denied 19 NY3d 961 [2012]; People v Session, 38 AD3d1300, 1301 [2007], lv denied 8 NY3d 990 [2007]). The valid waiver of theright to appeal encompasses defendant's challenge to the severity of his sentence (seeLopez, 6 NY3d at 255-256). Present—Centra, J.P., Peradotto, Sconiers,Valentino and Whalen, JJ.