| People v Roberts |
| 2015 NY Slip Op 09567 [134 AD3d 1352] |
| December 24, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vJaniek Roberts, Appellant. |
Carolyn B. George, Albany, for appellant.
P. David Soares, District Attorney, Albany (Michael C. Wetmore of counsel), forrespondent.
McCarthy, J. Appeal from a judgment of the County Court of Albany County(Herrick, J.), rendered January 27, 2014, convicting defendant upon his plea of guilty ofthe crime of attempted burglary in the second degree.
When he was 16 years of age, defendant unlawfully entered an occupied residencewith a codefendant at night and removed video games, a laptop computer and car keys.He and the codefendant then stole a car outside the residence, which they eventuallyabandoned. As a result of this incident, defendant was charged in an indictment withburglary in the second degree and grand larceny in the third degree. In satisfactionthereof, he pleaded guilty to attempted burglary in the second degree and executed anappeal waiver. County Court declined to afford him youthful offender status andsentenced him, in accordance with the plea agreement, to three years in prison, to befollowed by 3
Defendant's sole contention is that County Court erred in declining to treat him as ayouthful offender. This claim, however, is precluded by defendant's valid waiver of theright to appeal, which he does not challenge (see People v Wright, 123 AD3d 1241, 1241 [2014]; People v Fate, 117 AD3d1327, 1329 [2014], lv denied 24 NY3d 1083 [2014]; People v Torres, 110 AD3d1119 [2013], lv denied 22 NY3d 1044 [2013]). We note that County Courtadequately set forth on the record its reasons for denying defendant youthful offenderstatus (see People vPacherille, 25 NY3d 1021, 1024 [2015]; compare People v Pacheco, 110 AD3d 927 [2013]).Therefore, we find no reason to disturb the judgment of conviction.
[*2] Peters, P.J., Egan Jr., Devine and Clark, JJ., concur.Ordered that the judgment is affirmed.