THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. FRED HARRIS JR DEFENDANT APPELLANT (2010)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. FRED HARRIS, JR., DEFENDANT-APPELLANT.

KA 09-01483

Decided: October 01, 2010

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND GORSKI, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (DAVID W. BENTIVEGNA OF COUNSEL), FOR DEFENDANT-APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DOUGLAS A. GOERSS OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15[4] ). Contrary to defendant's contention, 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 AD3d 425, 426, lv denied 8 NY3d 989; see People v. Lopez, 6 NY3d 248, 256-257). The valid waiver by defendant of his right to appeal encompasses his challenge to the court's denial of his request for youthful offender status (see People v. Porter, 55 AD3d 1313, lv denied 11 NY3d 899; People v. Williams, 37 AD3d 1193).

Patricia L. Morgan

Clerk of the Court

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