Opinion
September 29, 2000.
Appeal from Judgment of Niagara County Court, Hannigan, J. — Attempted Burglary, 3rd Degree.
PRESENT: PIGOTT, JR., P. J., GREEN, HAYES, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant pleaded guilty to a reduced charge of attempted burglary in the third degree (Penal Law § 20.00, 110.00, 140.20) in satisfaction of a superior court information charging him with planning and participating in a residential burglary. As a condition of the plea agreement, defendant waived his right to appeal. The general waiver of the right to appeal encompasses the present contention of defendant that County Court erred in denying his request for youthful offender status ( see, People v. Franklin, 261 A.D.2d 900, lv denied 94 N.Y.2d 823; People v. Kukavica, 207 A.D.2d 968, lv denied 84 N.Y.2d 937; see generally, People v. Hidalgo, 91 N.Y.2d 733). In any event, we conclude that the court did not abuse its discretion in denying defendant's request, and we decline to exercise our interest of justice jurisdiction to grant defendant youthful offender status ( see, People v. Young, 224 A.D.2d 949).