PEOPLE v. CAPPS (2009)

 Defendant appeals from a judgment convicting her upon her plea of guilty of manslaughter in the first degree (Penal Law § 125.20).   We conclude that the waiver by defendant of the right to appeal was knowingly and voluntarily entered (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145), and that valid waiver encompasses her challenge to the severity of the sentence (see id.;  People v. Kearns, 50 A.D.3d 1514, 856 N.Y.S.2d 772, lv. denied 11 N.Y.3d 790, 866 N.Y.S.2d 616, 896 N.E.2d 102).   The valid waiver also encompasses the contention of defendant that County Court should have afforded her youthful offender status (see Kearns, 50 A.D.3d at 1515, 856 N.Y.S.2d 772) and, in any event, defendant failed to preserve her contention for our review inasmuch as she did not request that status during the plea proceedings or at sentencing (see People v. Fowler, 28 A.D.3d 1183, 1184, 817 N.Y.S.2d 543, lv. denied 7 N.Y.3d 788, 821 N.Y.S.2d 818, 854 N.E.2d 1282).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM: