Opinion
2014-07-3
The PEOPLE of the State of New York, Respondent, v. Dejuan D. JACKSON, Defendant–Appellant.
Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), rendered September 4, 2012. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree. The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of Counsel), for Respondent.
Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), rendered September 4, 2012. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the second degree (Penal Law § 140.25[2] ). Inasmuch as County Court made a determination at the time of sentencing whether defendant should be afforded youthful offender treatment ( cf. People v. Rudolph, 21 N.Y.3d 497, 503, 974 N.Y.S.2d 885, 997 N.E.2d 457), defendant's valid waiver of the right to appeal encompasses his contention that the court erred in denying his request for youthful offender status ( see People v. Jones, 108 A.D.3d 1213, 1214, 969 N.Y.S.2d 702,lv. denied22 N.Y.3d 997, 981 N.Y.S.2d 3;People v. Jones, 96 A.D.3d 1637, 1637, 946 N.Y.S.2d 797,lv. denied19 N.Y.3d 1103, 955 N.Y.S.2d 559, 979 N.E.2d 820).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. SMITH, J.P., FAHEY, PERADOTTO, SCONIERS, and VALENTINO, JJ., concur.