People v. Latimore

179 A.D.3d 1551

114 N.Y.S.3d 923 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Shaquan O. LATIMORE, Defendant–Appellant.

KA 15–01807

1311

Supreme Court, Appellate Division, Fourth Department, New York.

Entered: January 31, 2020

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT–APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., PERADOTTO, TROUTMAN, AND BANNISTER, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, criminal possession of a weapon in the second degree ( Penal Law § 265.03[3] ). Contrary to defendant's contention, his valid waiver of the right to appeal forecloses review of County Court's discretionary decision to deny defendant youthful offender status (see People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 [2015] ) and also "forecloses review of [his] request that we exercise our interest of justice jurisdiction to adjudicate him a youthful offender" ( People v. Allen, 174 A.D.3d 1456, 1458, 108 N.Y.S.3d 243 [4th Dept. 2019], lv denied 34 N.Y.3d 978, 113 N.Y.S.3d 663, 137 N.E.3d 33 [2019] ).