| People v Jackson |
| 2014 NY Slip Op 05082 [119 AD3d 1361] |
| July 3, 2014 |
| Appellate Division, Fourth Department |
[*1]
| 1 The People of the State of New York, Respondent, vDejuan D. Jackson, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of counsel), fordefendant-appellant.
Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), renderedSeptember 4, 2012. The judgment convicted defendant, upon his plea of guilty, ofburglary in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of burglary in the second degree (Penal Law § 140.25 [2]). Inasmuchas County Court made a determination at the time of sentencing whether defendantshould be afforded youthful offender treatment (cf. People v Rudolph, 21 NY3d 497, 503 [2013]),defendant's valid waiver of the right to appeal encompasses his contention that the courterred in denying his request for youthful offender status (see People v Jones, 108 AD3d1213, 1214 [2013], lv denied 22 NY3d 997 [2013]; People v Jones, 96 AD3d1637, 1637 [2012], lv denied 19 NY3d 1103 [2012]). Present—Smith,J.P., Fahey, Peradotto, Sconiers and Valentino, JJ.