People v. Roberts

• Decision Date: 24 December 2015
• Citation: 134 A.D.3d 1352,21 N.Y.S.3d 649 (Mem)
• Parties: The PEOPLE of the State of New York, Respondent, v. Janiek ROBERTS, Appellant.
• Court: New York Supreme Court — Appellate Division

134 A.D.3d 1352

21 N.Y.S.3d 649 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Janiek ROBERTS, Appellant.

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

Dec. 24, 2015.

Carolyn B. George, Albany, for appellant.

P. David Soares, District Attorney, Albany (Michael C. Wetmore of counsel), for respondent.

Before: PETERS, P.J., McCARTHY, EGAN JR., DEVINE and CLARK, JJ.

McCARTHY, J.

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered January 27, 2014, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

When he was 16 years of age, defendant unlawfully entered an occupied residence with a codefendant at night and removed video games, a laptop computer and car keys. He and the codefendant then stole a car outside the residence, which they eventually abandoned. As a result of this incident, defendant was charged in an indictment with burglary in the second degree and grand larceny in the third degree. In satisfaction thereof, he pleaded guilty to attempted burglary in the second degree and executed an appeal waiver. County Court declined to afford him youthful offender status and sentenced him, in accordance with the plea agreement, to three years in prison, to be followed by 3 ½ years of postrelease supervision. Defendant appeals.

Defendant's sole contention is that County Court erred in declining to treat him as a youthful offender. This claim, however, is precluded by defendant's valid waiver of the right to appeal, which he does not challenge (see People v. Wright, 123 A.D.3d 1241, 1241, 996 N.Y.S.2d 556 [2014] ; People v. Fate, 117 A.D.3d 1327, 1329, 986 N.Y.S.2d 672 [2014], lv. denied 24 N.Y.3d 1083, 1 N.Y.S.3d 10, 25 N.E.3d 347 [2014] ; People v. Torres, 110 A.D.3d 1119, 972 N.Y.S.2d 738 [2013], lv. denied 22 N.Y.3d 1044, 981 N.Y.S.2d 377, 4 N.E.3d 389 [2013] ). We note that County Court adequately set forth on the record its reasons for denying defendant youthful offender status (see People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 [2015] ; compare People v. Pacheco, 110 A.D.3d 927, 973 N.Y.S.2d 704 [2013] ). Therefore, we find no reason to disturb the judgment of conviction.

ORDERED that the judgment is affirmed.

PETERS, P.J., EGAN JR., DEVINE and CLARK, JJ., concur.