Opinion
2013-05-8
The PEOPLE, etc., respondent, v. Isaac McKAY, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered September 22, 2011, as amended October 25, 2011, convicting him of assault in the second and third degrees, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment, as amended, is affirmed.
The defendant validly waived his right to appeal as part of his plea agreement ( see People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108;People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022;cf. People v. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645). This waiver encompassed the defendant's claim on appeal that the Supreme Court should have exercised its discretion to give him a second chance to attend a treatment program, despite the fact that he violated the plea agreement ( see People v. Rodriguez, 46 A.D.3d 356, 846 N.Y.S.2d 907;People v. Wilson, 11 A.D.3d 206, 784 N.Y.S.2d 478).