People v. Jackson, 119 A.D.3d 1361

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 burglary in the second degree (Penal Law § 140.25 [2]). Inasmuch as County Court made a determination at the time of sentencing whether defendant should be afforded youthful offender treatment (cf. People v Rudolph, 21 NY3d 497, 503 [2013]), defendant‘s valid waiver of the right to appeal encompasses his contention that the court erred in denying his request for youthful offender status (see People v Jones, 108 AD3d 1213, 1214 [2013], lv denied 22 NY3d 997 [2013]; People v Jones, 96 AD3d 1637, 1637 [2012], lv denied 19 NY3d 1103 [2012]).

Case Details

Case Name: People v. Jackson

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jul 3, 2014

Citations: 119 A.D.3d 1361; 988 N.Y.S.2d 510

Court Abbreviation: N.Y. App. Div.