THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. SHAWN UBRICH DEFENDANT APPELLANT (2011)

MEMORANDUM AND ORDER

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

Memorandum:  On appeal from a judgment convicting him, following his plea of guilty, of gang assault in the second degree (Penal Law § 120.06), defendant contends that County Court erred in failing to afford him youthful offender status.   As part of the plea agreement, however, defendant waived his right to appeal, and that valid waiver encompasses defendant's present contention (see People v. Capps, 63 AD3d 1632, lv. denied 13 NY3d 765).   In any event, defendant never requested youthful offender status at the time of the plea or at sentencing and thus his contention is not preserved for our review (see People v. Ficchi, 64 AD3d 1195, lv denied 13 NY3d 859).

Patricia L. Morgan

Clerk of the Court