Fews v. Goord

Sep 11, 2008
Versions:54 A.D.3d 1073
863 N.Y.S.2d 836

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 1/2 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 NY3d 248, 256 [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 AD3d 969 [2008]). Consequently, the judgment is affirmed.

Peters, J.P., Spain, Kane, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment is affirmed.