People v. Basurto-Lopez
| Decision Date | 07 November 2018 |
| Docket Number | Ind. No. 252/15,2016–11319 |
| Citation | 84 N.Y.S.3d 905 (Mem),166 A.D.3d 643 |
| Parties | The PEOPLE, etc., Respondent, v. Yoni BASURTO–LOPEZ, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, COLLEEN D. DUFFY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Stephen J. Rooney, J.), rendered September 19, 2016, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Lyons, 161 A.D.3d 1196, 74 N.Y.S.3d 500 ; People v. Marrero, 153 A.D.3d 1364, 59 N.Y.S.3d 905 ; People v. Miranda, 144 A.D.3d 844, 40 N.Y.S.3d 274 ). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentencing court improvidently exercised its discretion in declining to grant him youthful offender treatment (see People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 ; People v. Lafontant, 160 A.D.3d 662, 70 N.Y.S.3d 858 ; People v. McCray, 145 A.D.3d 740, 41 N.Y.S.3d 900 ; People v. Drammeh, 100 A.D.3d 650, 651, 953 N.Y.S.2d 274 ; People v. Franko, 98 A.D.3d 525, 948 N.Y.S.2d 911 ).
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