People v. Franko

• Decision Date: 01 August 2012
• Citation: 948 N.Y.S.2d 911,98 A.D.3d 525,2012 N.Y. Slip Op. 05834
• Parties: The PEOPLE, etc., respondent, v. Christopher FRANKO, appellant.
• Court: New York Supreme Court — Appellate Division

98 A.D.3d 525

948 N.Y.S.2d 911

2012 N.Y. Slip Op. 05834

The PEOPLE, etc., respondent,

v.Christopher FRANKO, appellant.

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

Aug. 1, 2012.

Joseph A. Hanshe, Sayville, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered February 14, 2011, convicting him of conspiracy 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, intelligently, and voluntarily waived his right to appeal ( see People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145;cf. People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentencing court should have sentenced him as a youthful offender ( see People v. Holland, 91 A.D.3d 672, 935 N.Y.S.2d 899;People v. Billings, 60 A.D.3d 961, 962, 874 N.Y.S.2d 826;People v. Valentin, 15 A.D.3d 424, 788 N.Y.S.2d 864).

ANGIOLILLO, J.P., DICKERSON, LEVENTHAL and CHAMBERS, JJ., concur.