THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ANDREW JOHNSON DEFENDANT APPELLANT (2013)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANDREW JOHNSON, DEFENDANT–APPELLANT.

KA 13–00692

Decided: November 15, 2013

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.

SUSAN M. KARALUS, WILLIAMSVILLE, FOR DEFENDANT–APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS 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 robbery in the second degree (Penal Law § 160.10[2][b] ). Defendant's valid waiver of the right to appeal encompasses his contention concerning the denial of his request for youthful offender status (see People v. Elshabazz, 81 AD3d 1429, 1429, lv denied 16 NY3d 858). In any event, that contention is without merit. “[County] Court carefully considered the request to be considered a youthful offender and stated the reasons for its denial” (People v. Williams, 37 AD3d 1193, 1194), and it cannot be said that the court abused its discretion in denying that request (see id.; Elshabazz, 81 AD3d at 1429; People v. Smith, 286 A.D.2d 878, 878–879, lv denied 98 N.Y.2d 641).

Frances E. Cafarell

Clerk of the Court

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