People v. Bailey

Mar 18, 2016
Versions:137 A.D.3d 1620
26 N.Y.S.3d 917

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 five counts of robbery in the second degree (Penal Law § 160.10 [1], [2] [b]) and one count of robbery in the first degree (§ 160.15 [4]). We conclude that defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Knox, 133 AD3d 1257, 1257 [2015]; see generally People v Sanders, 25 NY3d 337, 340-341 [2015]). Contrary to defendant‘s contention, his waiver of the right to appeal “was not rendered invalid based on [Supreme Court]‘s failure to require defendant to articulate [it] in his own words” (People v Dozier, 59 AD3d 987, 987 [2009], lv denied 12 NY3d 815 [2009]). The waiver encompasses defendant‘s challenges to the court‘s refusal to suppress identification testimony (see Sanders, 25 NY3d at 342; People v Kemp, 94 NY2d 831, 833 [1999]), the court‘s exercise of discretion in denying his request for youthful offender status (see People v Pacherille, 25 NY3d 1021, 1024 [2015]), and the severity of the sentence (see People v Lopez, 6 NY3d 248, 256 [2006]). Present—Whalen, P.J., Smith, Carni, Nemoyer and Curran, JJ.