| People v Johnson |
| 2013 NY Slip Op 07600 [111 AD3d 1391] |
| November 15, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, vAndrew Johnson, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.),rendered September 12, 2011. The judgment convicted defendant, upon his plea ofguilty, of robbery in the second 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 robbery in the second degree (Penal Law § 160.10 [2] [b]). Defendant'svalid waiver of the right to appeal encompasses his contention concerning the denial ofhis request for youthful offender status (see People v Elshabazz, 81 AD3d 1429, 1429 [2011],lv denied 16 NY3d 858 [2011]). In any event, that contention is without merit."[County] Court carefully considered the request to be considered a youthful offenderand stated the reasons for its denial" (People v Williams, 37 AD3d 1193, 1194 [2007]), and itcannot be said that the court abused its discretion in denying that request (see id.;Elshabazz, 81 AD3d at 1429; People v Smith, 286 AD2d 878, 878-879[2001], lv denied 98 NY2d 641 [2002]). Present—Scudder, P.J.,Peradotto, Carni, Sconiers and Whalen, JJ.