People v. Gardner, 2017–13330

• Decision Date: 04 December 2019
• Docket Number: 2017–13330,Ind. No. 4786/15
• Parties: The PEOPLE, etc., Respondent, v. Stephan GARDNER, Appellant.
• Court: New York Supreme Court — Appellate Division

178 A.D.3d 726

111 N.Y.S.3d 210 (Mem)

The PEOPLE, etc., Respondent,

v.Stephan GARDNER, Appellant.

2017–13330

Ind. No. 4786/15

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

Argued—October 11, 2019

December 4, 2019

Paul Skip Laisure, New York, NY, for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Gamaliel Marrero, and Andrew Ayala of counsel), for respondent.

WILLIAM F. MASTRO, J.P., COLLEEN D. DUFFY, BETSY BARROS, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Elizabeth Foley, J., at plea; Martin Murphy, J., at sentence), rendered October 19, 2017, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of the right to appeal precludes appellate review of his contention that the sentencing court improvidently denied his request for 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. Glover, 173 A.D.3d 1201, 101 N.Y.S.3d 623 ; People v. Basurto–Lopez, 166 A.D.3d 643, 84 N.Y.S.3d 905 ; People v. Lafontant, 160 A.D.3d 662, 70 N.Y.S.3d 858 ).

MASTRO, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.