The People, etc., respondent, v. Christopher Simms, appellant.

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

The People, etc., respondent, v. Christopher Simms, appellant.

2009–10754 (Ind.No. 10566/08)

Decided: November 22, 2011

A. GAIL PRUDENTI, P.J. REINALDO E. RIVERA RANDALL T. ENG JOHN M. LEVENTHAL ROBERT J. MILLER, JJ. Steven Banks, New York, N.Y. (Adrienne Gantt of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel;  Benjamin Barczewski on the memorandum), for respondent.

Submitted—August 26, 2011

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Parker, J.), imposed October 30, 2009.

ORDERED that the sentence is affirmed.

The defendant's valid waiver of his right to appeal precludes review of his claim that he should have been sentenced as a youthful offender (see People v. Hidalgo, 91 N.Y.2d 733, 735;  People v. Allen, 82 N.Y.2d 731, 763;  see also People v. Valentin, 15 AD3d 424, 424;  People v. Friedlander, 11 AD3d 556, 556;  People v. Hubbard, 288 A.D.2d 490, 490;  cf.  People v. Johnson, 14 NY3d 483, 486).

PRUDENTI, P.J., RIVERA, ENG, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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