PEOPLE v. McCLELLAN (2008)

On appeal from a judgment convicting him, upon his plea of guilty, of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10[3] ), defendant contends that County Court failed to engage in an adequate colloquy to ensure that his waiver of the right to appeal was knowing and voluntary (see generally People v. McQuiller, 19 A.D.3d 1043, 1044, 797 N.Y.S.2d 224, lv. denied 5 N.Y.3d 808, 803 N.Y.S.2d 37, 836 N.E.2d 1160;  People v. Brown, 296 A.D.2d 860, 745 N.Y.S.2d 368, lv. denied 98 N.Y.2d 767, 752 N.Y.S.2d 7, 781 N.E.2d 919).   Even assuming, arguendo, that the waiver by defendant of the right to appeal is invalid and thus does not encompass his challenge to the court's refusal to adjudicate him a youthful offender, we nevertheless reject that challenge (see CPL 720.20[1][a];  People v. McDaniels, 19 A.D.3d 1071, 1072, 796 N.Y.S.2d 484, lv. denied 5 N.Y.3d 830, 804 N.Y.S.2d 45, 837 N.E.2d 744;  People v. Potter, 13 A.D.3d 1191, 786 N.Y.S.2d 793, lv. denied 4 N.Y.3d 889, 798 N.Y.S.2d 735, 831 N.E.2d 980).

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

MEMORANDUM: