People v. Johnson

• Decision Date: 15 November 2013
• Citation: 974 N.Y.S.2d 853,111 A.D.3d 1391,2013 N.Y. Slip Op. 07600
• Parties: The PEOPLE of the State of New York, Respondent, v. Andrew JOHNSON, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

111 A.D.3d 1391

974 N.Y.S.2d 853

2013 N.Y. Slip Op. 07600

The PEOPLE of the State of New York, Respondent,

v.Andrew JOHNSON, Defendant–Appellant.

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

Nov. 15, 2013.

Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered September 12, 2011. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree.

Susan M. Karalus, Williamsville, for Defendant–Appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of Counsel), for Respondent.

MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of robbery*854in the second degree (Penal Law § 160.10[2][b] ). Defendant's valid waiver of the right to appeal encompasses his contention concerning the denial of his request for youthful offender status ( see People v. Elshabazz, 81 A.D.3d 1429, 1429, 916 N.Y.S.2d 883,lv. denied 16 N.Y.3d 858, 923 N.Y.S.2d 420, 947 N.E.2d 1199). In any event, that contention is without merit. “[County] Court carefully considered the request to be considered a youthful offender and stated the reasons for its denial” ( People v. Williams, 37 A.D.3d 1193, 1194, 829 N.Y.S.2d 802), and it cannot be said that the court abused its discretion in denying that request ( see id.;Elshabazz, 81 A.D.3d at 1429, 916 N.Y.S.2d 883;People v. Smith, 286 A.D.2d 878, 878–879, 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., PERADOTTO, CARNI, SCONIERS, and WHALEN, JJ., concur.