People v Basurto-Lopez
2018 NY Slip Op 07444 [166 AD3d 643]
November 7, 2018
Appellate Division, Second Department
As corrected through Wednesday, January 2, 2018


[*1]
 The People of the State of New York,Respondent,
v
Yoni Basurto-Lopez, Appellant.

Paul Skip Laisure, New York, NY (David P. Greenberg of counsel), forappellant.

Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart andAlexander Fumelli of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County(Stephen J. Rooney, J.), rendered September 19, 2016, convicting him of robbery in thesecond degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligentlywaived his right to appeal (seePeople v Lyons, 161 AD3d 1196 [2018]; People v Marrero, 153 AD3d 1364 [2017]; People v Miranda, 144 AD3d844 [2016]). The defendant's valid waiver of his right to appeal precludes review ofhis contention that the sentencing court improvidently exercised its discretion indeclining to grant him youthful offender treatment (see People v Pacherille, 25 NY3d 1021, 1024 [2015]; People v Lafontant, 160 AD3d662 [2018]; People vMcCray, 145 AD3d 740 [2016]; People v Drammeh, 100 AD3d 650, 651 [2012]; People v Franko, 98 AD3d525 [2012]). Rivera, J.P., Chambers, Duffy and Iannacci, JJ., concur.


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