Opinion
2017-13477 Ind. No. 153/17
07-10-2019
The PEOPLE, etc., Respondent, v. Joshua GOURDINE, Appellant.
Paul Skip Laisure, New York, N.Y. (Ava C. Page of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart, Anne Grady, and Alexander Fumelli of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Ava C. Page of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart, Anne Grady, and Alexander Fumelli of counsel), for respondent.
REINALDO E. RIVERA, J.P., JEFFREY A. COHEN, JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Wayne M. Ozzi, J.), rendered November 13, 2017, convicting him of attempted assault in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v. Daniels , 160 A.D.3d 979, 980, 72 N.Y.S.3d 470 ; People v. Brown , 122 A.D.3d 133, 992 N.Y.S.2d 297 ). The record does not demonstrate that the defendant's waiver of his right to appeal was knowingly, voluntarily, and intelligently made (see People v. Daniels , 160 A.D.3d at 980, 72 N.Y.S.3d 470 ; People v. Brown , 122 A.D.3d at 137, 992 N.Y.S.2d 297 ).
Since the defendant's waiver of the right to appeal was invalid, this Court has reviewed the defendant's contention that the Supreme Court improvidently exercised its discretion in denying him youthful offender status (see People v. Daniels , 160 A.D.3d at 980, 72 N.Y.S.3d 470 ; People v. Hesterbey , 121 A.D.3d 1127, 1128, 994 N.Y.S.2d 421 ).
"The determination of whether to grant or deny youthful offender status rests within the sound discretion of the court and depends upon all the attending facts and circumstances of the case" ( People v. Hesterbey , 121 A.D.3d at 1128, 994 N.Y.S.2d 421 [internal quotation marks omitted]; see People v. Dhillon , 157 A.D.3d 900, 900–901, 66 N.Y.S.3d 911 ; People v. Mullings , 83 A.D.3d 871, 872, 921 N.Y.S.2d 152 ). Here, we find no basis for disturbing the Supreme Court's determination denying youthful offender status to the defendant (see CPL 720.20[1] ; People v. Dawkins , 146 A.D.3d 898, 899, 44 N.Y.S.3d 770 ; People v. Green , 110 A.D.3d 825, 826, 973 N.Y.S.2d 679 ).
RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.