| People v Douglas |
| 2020 NY Slip Op 06642 [188 AD3d 1671] |
| November 13, 2020 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Taheeb Douglas, Appellant. |
Frank H. Hiscock Legal Aid Society, Syracuse (William Clauss of counsel), fordefendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (Kenneth H. Tyler, Jr., of counsel), forrespondent.
Appeal from a judgment of the Onondaga County Court (Stephen J. Dougherty, J.), renderedAugust 22, 2018. The judgment convicted defendant upon his plea of guilty of criminal sexualact in the second degree (two counts), sexual abuse in the second degree and endangering thewelfare of a child.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of,inter alia, two counts of criminal sexual act in the second degree (Penal Law§ 130.45 [1]). Preliminarily, we note that defendant's waiver of the right to appeal isinvalid (see People v Thomas, 34NY3d 545, 564-568 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]; People v Johnson, 182 AD3d1036, 1036 [4th Dept 2020], lv denied 35 NY3d 1046 [2020]), and that the betterpractice is for County Court "to use the Model Colloquy, which 'neatly synthesizes. . . the governing principles' " (People v Dozier, 179 AD3d 1447, 1447 [4th Dept 2020], lvdenied 35 NY3d 941 [2020], quoting Thomas, 34 NY3d at 567; see NYModel Colloquies, Waiver of Right to Appeal,http://www.nycourts.gov/judges/cji/8-Colloquies/Waiver%20of%20Right%20to%20Appeal.pdf).To the extent that defendant contends that the court abused its discretion in declining to granthim youthful offender status, we reject that contention (see Johnson, 182 AD3d at 1036).We decline defendant's request that we exercise our interest of justice jurisdiction to adjudicatehim a youthful offender (see People v Nicorvo [appeal No. 2], 177 AD3d 1408, 1409 [4thDept 2019]). Present—Whalen, P.J., Centra, NeMoyer, Winslow and Bannister, JJ.