PEOPLE v. PORTER (2008)

 Defendant appeals from a judgment convicting him upon his plea of guilty of attempted burglary in the first degree (Penal Law §§ 110.00, 140.30[1] ).   We reject the contention of defendant that his waiver of the right to appeal was invalid.   County Court “expressly ascertained from defendant that, as a condition of the plea, he was agreeing to waive his right to appeal, and the court did not conflate that right with those automatically forfeited by a guilty plea” (People v. Pasha, 36 A.D.3d 425, 426, 826 N.Y.S.2d 254, lv. denied 8 N.Y.3d 989, 838 N.Y.S.2d 492, 869 N.E.2d 668).   The valid waiver by defendant of the right to appeal encompasses his challenges to the severity of the sentence (see People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46), and to the court's denial of his request for youthful offender status (see People v. Kearns, 50 A.D.3d 1514, 856 N.Y.S.2d 772).

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

MEMORANDUM: