| People v Wright |
| 2014 NY Slip Op 08683 [123 AD3d 1241] |
| December 11, 2014 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vRashawn Wright, Appellant. |
Larry Rosen, Albany, for appellant.
P. David Soares, District Attorney, Albany (Brittany L. Grome of counsel), forrespondent.
Devine, J. Appeal from a judgment of the County Court of Albany County (Ceresia,J.), rendered November 15, 2013, convicting defendant upon his plea of guilty of thecrime of burglary in the second degree.
To resolve all potential charges stemming from his involvement in a string of homeburglaries, defendant pleaded guilty to an indictment charging him with burglary in thesecond degree and waived his right to appeal from the conviction and sentence. CountyCourt further advised defendant that it was making no commitment on the issue ofwhether to adjudicate him a youthful offender. County Court thereafter denieddefendant's request for youthful offender status and sentenced him, within the rangecontemplated by the plea agreement, to a prison term of six years to be followed by fiveyears of postrelease supervision. Defendant appeals, and we now affirm.
Defendant does not challenge the validity of his guilty plea or appeal waiver, and therecord reveals that both were voluntary, knowing and intelligent. To the extent thatdefendant now challenges the agreed-upon sentence as harsh and excessive, his argumentis precluded by his valid appeal waiver (see People v Fate, 117 AD3d 1327, 1329 [2014]). His validappeal waiver similarly precludes his contention that County Court "improperly deniedhim youthful offender treatment and his request that we exercise our interest of justicejurisdiction to grant him youthful offender status" (People v Torres, 110 AD3d 1119, 1119 [2013], lvdenied 22 NY3d [*2]1044 [2013] [citations omitted];accord People v Fate, 117 AD3d at 1329).
Peters, P.J., Garry and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.