Opinion
October 1, 1999
Appeal from Judgment of Supreme Court, Erie County, Forma, J. — Attempted Assault, 1st Degree.
Judgment unanimously affirmed.
PRESENT: PINE, J. P., LAWTON, WISNER, HURLBUTT AND CALLAHAN, JJ.
Memorandum:
Defendant appeals from a judgment convicting him upon a plea of guilty of attempted assault in the first degree (Penal Law § 110.00, 120.10 Penal [1]). Defendant's knowing and voluntary waiver of the right to appeal encompasses the right to challenge Supreme Court's denial of a youthful offender adjudication (see, People v. Franklin, ___ A.D.2d ___ [decided May 7, 1999]; People v. Watkins, ___ A.D.2d ___ [decided May 7, 1999]). In any event, we reject defendant's contention that the court failed to consider youthful offender treatment (see, CPL 720.20). Defendant pleaded guilty with the understanding that he would not receive youthful offender treatment, and he did not move to withdraw his plea (see, People v. Ciminera, 202 A.D.2d 684, 685, lv denied 83 N.Y.2d 909). We reject defendant's further contention that the court erred in ordering restitution without conducting a hearing (see, Penal Law § 60.27). Defendant stipulated to the amount of restitution and "did not seek the hearing that he was entitled to by law" (People v. Kelly, 238 A.D.2d 938, lv denied 90 N.Y.2d 906; cf., People v. Barton, ___ A.D.2d ___ [decided Mar. 31, 1999]).