People v. McCray
| Decision Date | 07 December 2016 |
| Citation | 2016 N.Y. Slip Op. 08247,41 N.Y.S.3d 900 (Mem),145 A.D.3d 740 |
| Parties | The PEOPLE, etc., respondent, v. Joshua McCRAY, appellant. |
| Court | New York Supreme Court — Appellate Division |
145 A.D.3d 740
41 N.Y.S.3d 900 (Mem)
2016 N.Y. Slip Op. 08247
The PEOPLE, etc., respondent,
v.
Joshua McCRAY, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Dec. 7, 2016.
Lynn W.L. Fahey, New York, NY, for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel; Gregory Musso on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Foley, J.), rendered October 21, 2013, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Notwithstanding the fact that the defendant's attorney did not sign the written appeal waiver form, the record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see generally People v. Sanders, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ). 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. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 ; People v. Drammeh, 100 A.D.3d 650, 651, 953 N.Y.S.2d 274 ; People
v. Franko, 98 A.D.3d 525, 948 N.Y.S.2d 911 ).
AUSTIN, J.P., SGROI, COHEN and BRATHWAITE NELSON, JJ., concur.
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