| People v Frontuto |
| 2014 NY Slip Op 01063 [114 AD3d 1271] |
| February 14, 2014 |
| Appellate Division, Fourth Department |
| The People of the State of New York,Respondent, v Jayme I. Frontuto, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), renderedJune 5, 2012. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a weapon in the second degree and unlawful possession of marihuana.
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 criminal possession of a weapon in the second degree (Penal Law §265.03 [3]) and unlawful possession of marihuana (§ 221.05). As the Peoplecorrectly concede, because "[n]o mention of youthful offender status was made beforedefendant waived his right to appeal during the plea colloquy" (People v Anderson, 90 AD3d1475, 1476 [2011], lv denied 18 NY3d 991 [2012]), defendant's waiver ofthe right to appeal does not encompass his contention regarding County Court's denial ofhis request for youthful offender status. We nevertheless reject defendant's contentionthat the court abused its discretion in denying that request (see People v Lugo, 87 AD3d1403, 1405 [2011], lv denied 18 NY3d 860 [2011]). The remedial measuresof People v Rudolph (21NY3d 497, 499 [2013]) do not apply to the circumstances of this case.Present—Smith, J.P., Fahey, Carni, Valentino and Whalen, JJ.