PEOPLE v. MCBRYDE (2025)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Shariff MCBRYDE, Defendant-Appellant.

5199

Decided: November 18, 2025

Kern, J.P., Scarpulla, Friedman, O'Neill Levy, Chan, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Leanna J. Duncan of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Noah J. Chamoy of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Josephy McCormack, J., at plea; Jeffrey Rosenblueth, J., at sentencing), rendered October 11, 2023, convicting defendant of attempted murder in the second degree, and sentencing him, as a juvenile offender, to a term of 1 to 3 years, unanimously affirmed.

Defendant's valid waiver of the right to appeal “foreclose[s] his challenge to the denial of youthful offender treatment” (People v. Espinal, 237 A.D.3d 623, 623, 230 N.Y.S.3d 258 [1st Dept. 2025], lv denied 43 N.Y.3d 1055, 239 N.Y.S.3d 106, 265 N.E.3d 1123 [2025]). We decline to reach defendant's claim in the interest of justice. As an alternative holding, we find that the sentencing court providently exercised its discretion in denying defendant youthful offender treatment, particularly given the seriousness of the underlying act.

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