Opinion
2015–09618 2015–09619 Ind. Nos. 7828/14 2567/15
04-04-2018
The PEOPLE, etc., respondent, v. Wayne LAFONTANT, appellant. (Action No. 1) The People, etc., respondent, v. Melquan Lafontant, also known as Wayne Lafontant, appellant. (Action No. 2)
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel; Ruby D. Andrade on the brief), for respondent.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel; Ruby D. Andrade on the brief), for respondent.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeals by the defendant from two judgments of the Supreme Court, Kings County (William Miller, J.), both rendered September 18, 2015, convicting him of criminal possession of a weapon in the second degree under Indictment No. 7828/14 and criminal possession of a weapon in the second degree under Indictment No. 2567/15, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 68 N.E.3d 60 ; People v. Sanders, 25 N.Y.3d 337, 34 N.E.3d 344 ; People v. McCray, 145 A.D.3d 740, 41 N.Y.S.3d 900 ).
The defendant's valid waiver of his right to appeal precludes review of his contention that the sentencing court improvidently exercised its discretion in declining to grant him youthful offender treatment (see People v. Pacherille, 25 N.Y.3d 1021, 1024, 32 N.E.3d 393 ; People v. McCray, 145 A.D.3d 740, 41 N.Y.S.3d 900 ; 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 ).
DILLON, J.P., CHAMBERS, HINDS–RADIX and CHRISTOPHER, JJ., concur.