People v. Harris

Oct 1, 2010
Versions:77 A.D.3d 1326
907 N.Y.S.2d 893

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 attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [4]). Contrary to defendant‘s contention, County Court “expressly ascertained from defendant that, as a condition of the plea, he was agreeing to waive his right to appeal, and the court did not conflate that right with those automatically forfeited by a guilty plea” (People v Pasha, 36 AD3d 425, 426 [2007], lv denied 8 NY3d 989 [2007]; see People v Lopez, 6 NY3d 248, 256-257 [2006]). The valid waiver by defendant of his right to appeal encompasses his challenge to the court‘s denial of his request for youthful offender status (see People v Porter, 55 AD3d 1313 [2008], lv denied 11 NY3d 899 [2008]; People v Williams, 37 AD3d 1193 [2007]).