PEOPLE v. HILL (2006)

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

The PEOPLE of the State of New York, Respondent, v. Jason HILL, Defendant-Appellant.

Decided: June 13, 2006

TOM, J.P., SAXE, FRIEDMAN, SULLIVAN, McGUIRE, JJ.

Laura R. Johnson, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Tracy L. Conn of counsel), for respondent.

Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered December 23, 2003, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a term of 2 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal, which forecloses review of his present claim that he should have received youthful offender treatment (see People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). In any event, were we to find that defendant did not validly waive his right to appeal, we would find that the court properly exercised its discretion in denying youthful offender treatment.

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