People v. Elshabazz

• Decision Date: 18 February 2011
• Parties: The PEOPLE of the State of New York, Respondent, v. Elhajji ELSHABAZZ, Defendant-Appellant. (Appeal No. 1.)
• Court: New York Supreme Court — Appellate Division

916 N.Y.S.2d 883

81 A.D.3d 1429

The PEOPLE of the State of New York, Respondent,

v.Elhajji ELSHABAZZ, Defendant-Appellant. (Appeal No. 1.)

Supreme Court, Appellate Division, Fourth Department, New York.

Feb. 18, 2011.

Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered August 27, 2009. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (J. Michael Marion of Counsel), for respondent.

MEMORANDUM:

Defendant appeals from two judgments convicting him, respectively, upon his plea of guilty of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03[3] ) and upon his plea of guilty of criminal possession of marihuana in the fourth degree (§ 221.15). Contrary to the contention of defendant in each appeal, his waiver of the right to appeal was knowingly, voluntarily and intelligently entered ( see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108). The valid waiver of the right to appeal encompasses defendant's contention concerning the denial of his request for youthful offender status ( see People v. Harris, 77 A.D.3d 1326, 907 N.Y.S.2d 893; People v. Williams, 37 A.D.3d 1193, 829 N.Y.S.2d 802). In any event, that contention is without merit. "Supreme Court carefully considered the request to be considered a youthful offender and stated the reasons for its denial" ( Williams, 37 A.D.3d at 1194, 829 N.Y.S.2d 802), and it cannot be said that the court abused its discretion in denying that request ( see id.;People v. Ariola, 15 A.D.3d 882, 789 N.Y.S.2d 389, amended on rearg. 17 A.D.3d 1172, 793 N.Y.S.2d 923, lv. denied 5 N.Y.3d 784, 801 N.Y.S.2d 805, 835 N.E.2d 665; People v. Smith, 286 A.D.2d 878, 730 N.Y.S.2d 893, lv. denied 98 N.Y.2d 641, 744 N.Y.S.2d 770, 771 N.E.2d 843).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

SCUDDER, P.J., CENTRA, CARNI, SCONIERS, and GORSKI, JJ., concur.