Opinion
KA 01-00732
March 21, 2003.
Appeal from a judgment of Erie County Court (Pietruszka, J.), entered February 23, 2001, convicting defendant upon his plea of guilty of criminal possession of a weapon in the second degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT B. HALLBORG, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (DON I. DALLY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., WISNER, SCUDDER, KEHOE, AND BURNS, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the second degree (Penal Law § 265.03). We reject the contention of defendant that his waiver of the right to appeal is invalid on the ground that County Court failed to conduct a sufficient inquiry concerning his understanding of that waiver. The court asked defendant whether he understood that he was giving up the right to appeal as part of the "plea arrangement" and defendant replied that he did (cf. People v. Brown, 296 A.D.2d 860, lv denied 98 N.Y.2d 767). This inquiry followed statements by the prosecutor and defense counsel that the plea was conditioned upon defendant's waiver of the right to appeal. Thus, on these facts, we conclude that the court satisfied its duty to conduct a sufficient inquiry concerning whether defendant's waiver of the right to appeal was voluntary, knowing and intelligent (see People v. Callahan, 80 N.Y.2d 273, 283; People v. Seaberg, 74 N.Y.2d 1, 11). The waiver by defendant of the right to appeal encompasses his further contention that the court erred in denying his request to be adjudicated a youthful offender (see People v. Reeder, 284 A.D.2d 972). In any event, the court did not abuse its discretion in denying that request (see CPL 720.20 [a]; People v. Williams, 288 A.D.2d 499, lv denied 97 N.Y.2d 763).