Opinion
2011-11-10
The PEOPLE of the State of New York, Respondent,v.Shawn UBRICH, Defendant–Appellant.
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered August 10, 2010. The judgment convicted defendant, upon his plea of guilty, of gang assault in the second degree.Timothy J. Brennan, Auburn, for defendant-appellant.Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of Counsel), for respondent.MEMORANDUM:
On appeal from a judgment convicting him, following his plea of guilty, of gang assault in the second degree (Penal Law § 120.06), defendant contends that County Court erred in failing to afford him youthful offender status. As part of the plea agreement, however, defendant waived his right to appeal, and that valid waiver encompasses defendant's present contention ( see People v. Capps, 63 A.D.3d 1632, 879 N.Y.S.2d 872, lv. denied 13 N.Y.3d 795, 887 N.Y.S.2d 544, 916 N.E.2d 439). In any event, defendant never requested youthful offender status at the time of the plea or at sentencing and thus his contention is not preserved for our review ( see People v. Ficchi, 64 A.D.3d 1195, 882 N.Y.S.2d 789, lv. denied 13 N.Y.3d 859, 891 N.Y.S.2d 693, 920 N.E.2d 98).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., FAHEY, PERADOTTO, LINDLEY, and MARTOCHE, JJ., concur.