People v. Fitzpatrick

• Decision Date: 30 November 2010
• Citation: 78 A.D.3d 1194,911 N.Y.S.2d 643
• Parties: The PEOPLE, etc., respondent, v. Ashley FITZPATRICK, appellant.
• Court: New York Supreme Court — Appellate Division

911 N.Y.S.2d 643
78 A.D.3d 1194

The PEOPLE, etc., respondent,
v.
Ashley FITZPATRICK, appellant.

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

Nov. 30, 2010.

Lynn W.L. Fahey, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Burka of counsel), for respondent.

911 N.Y.S.2d 644

Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered September 11, 2009, convicting her of attempted robbery in the second degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's knowing, intelligent, and voluntary waiver of her right to appeal ( see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222; People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145) encompassed her contention that she should have been granted youthful offender treatment ( see People v. Billings, 60 A.D.3d 961, 962, 874 N.Y.S.2d 826; People v. Quashie, 42 A.D.3d 578, 839 N.Y.S.2d 698; People v. Hines, 41 A.D.3d 734, 836 N.Y.S.2d 883).

MASTRO, J.P., COVELLO, ANGIOLILLO and LOTT, JJ., concur.