THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ELHAJJI ELSHABAZZ, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

KA 09-02484

Decided: February 18, 2011

PRESENT:  SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND GORSKI, JJ. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (J. MICHAEL MARION OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum:  Defendant appeals from two judgments convicting him, respectively, upon his plea of guilty of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03[3] ) and upon his plea of guilty of criminal possession of marihuana in the fourth degree (§ 221.15).   Contrary to the contention of defendant in each appeal, his waiver of the right to appeal was knowingly, voluntarily and intelligently entered (see People v. Lopez, 6 NY3d 248, 256;  People v. Callahan, 80 N.Y.2d 273, 280).   The valid waiver of the right to appeal encompasses defendant's contention concerning the denial of his request for youthful offender status (see People v. Harris, 77 AD3d 1326;  People v. Williams, 37 AD3d 1193).   In any event, that contention is without merit.  “Supreme Court carefully considered the request to be considered a youthful offender and stated the reasons for its denial” (Williams, 37 AD3d at 1194), and it cannot be said that the court abused its discretion in denying that request (see id.;   People v. Ariola, 15 AD3d 882, amended on rearg 17 AD3d 1172, lv denied 5 NY3d 784;  People v. Smith, 286 A.D.2d 878, lv denied 98 N.Y.2d 641).

Patricia L. Morgan

Clerk of the Court