PEOPLE v. IBRALIC (2008)

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

The PEOPLE of the State of New York, Respondent, v. Harris IBRALIC, Appellant.

Decided: September 11, 2008

Before: PETERS, J.P., SPAIN, KANE, MALONE JR. and KAVANAGH, JJ.

G. Scott Walling, Queensbury, for appellant. P. David Soares, District Attorney, Albany (Brett M. Knowles of counsel), for respondent.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered April 20, 2007, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Defendant pleaded guilty to burglary in the second degree and was sentenced to seven years in prison and 2 1/212 years of postrelease supervision. He now appeals.

Contrary to defendant's assertion, the record reveals that he knowingly, intelligently and voluntarily waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). Given his valid appeal waiver, defendant's challenges to both the severity of his sentence and the denial of youthful offender treatment are precluded (see People v. Stark, 49 A.D.3d 969, 969, 852 N.Y.S.2d 810 [2008] ). Consequently, the judgment is affirmed.

ORDERED that the judgment is affirmed.

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