People v Fitzpatrick

People v Fitzpatrick 2010 NY Slip Op 08958 [78 AD3d 1194] November 30, 2010 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2011

The People of the State of New York, Respondent,
v
Ashley Fitzpatrick, Appellant.

—[*1] Lynn W.L. Fahey, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Burka of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered September 11, 2009, convicting her of attempted robbery in the second degree, upon her plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's knowing, intelligent, and voluntary waiver of her right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 257 [2006]) encompassed her contention that she should have been granted youthful offender treatment (see People v Billings, 60 AD3d 961, 962 [2009]; People v Quashie, 42 AD3d 578 [2007]; People v Hines, 41 AD3d 734 [2007]). Mastro, J.P., Covello, Angiolillo and Lott, JJ., concur.