Opinion
2016–03707 Ind.No. 9960/10
01-10-2018
The PEOPLE, etc., respondent, v. Joshua WORRELL, appellant.
Paul Skip Laisure, New York, NY, for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Gregory Musso of counsel), for respondent.
Paul Skip Laisure, New York, NY, for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Gregory Musso of counsel), for respondent.
SHERI S. ROMAN, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Foley, J.), imposed April 20, 2016, upon his conviction of attempted robbery in the second degree, upon his plea of guilty, after remittitur from this Court for resentencing (see People v. Worrell, 134 A.D.3d 1137, 21 N.Y.S.3d 638 ).
ORDERED that the resentence is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. McCray, 145 A.D.3d 740, 41 N.Y.S.3d 900 ; see generally People v. Sanders, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentencing court should have resentenced him as a youthful offender (see People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 ; People v. McCray, 145 A.D.3d 740, 41 N.Y.S.3d 900 ; People v. White, 141 A.D.3d 463, 464, 36 N.Y.S.3d 9 ; People v. Drammeh, 100 A.D.3d 650, 651, 953 N.Y.S.2d 274 ; People v. Franko, 98 A.D.3d 525, 948 N.Y.S.2d 911 ).
ROMAN, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.