Opinion
2015-01-2
The PEOPLE of the State of New York, Respondent, v. Jamahl A. THOMAS, II, Defendant–Appellant.
Williams, Heinl, Moody & Buschman, P.C., Auburn (Ryan James Muldoon of Counsel), for Defendant–Appellant. Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of Counsel), for Respondent.
Williams, Heinl, Moody & Buschman, P.C., Auburn (Ryan James Muldoon of Counsel), for Defendant–Appellant. Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of Counsel), for Respondent.
PRESENT: SMITH, J.P., FAHEY, WHALEN AND DeJOSEPH, JJ.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the first degree ( Penal Law § 160.15[1] ). Although defendant knowingly, intelligently, and voluntarily waived his right to appeal ( see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145), that waiver does not encompass the denial of his request for youthful offender status because no mention of youthful offender status was made before defendant waived his right to appeal ( see People v. Anderson, 90 A.D.3d 1475, 1476, 935 N.Y.S.2d 237, lv. denied18 N.Y.3d 991, 945 N.Y.S.2d 646, 968 N.E.2d 1002). We conclude, however, that County Court did not abuse its discretion in refusing to grant defendant youthful offender status ( see People v. Johnson, 109 A.D.3d 1191, 1191–1192, 971 N.Y.S.2d 723, lv. denied22 N.Y.3d 997, 981 N.Y.S.2d 2; People v. Davis, 84 A.D.3d 1710, 1710, 922 N.Y.S.2d 834, lv. denied17 N.Y.3d 815, 929 N.Y.S.2d 804, 954 N.E.2d 95), and we decline to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender ( cf. People v. Noel, 106 A.D.2d 854, 854–855, 483 N.Y.S.2d 539).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.