People v Thomas

People v Thomas 2015 NY Slip Op 00143 Decided on January 2, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, WHALEN, AND DEJOSEPH, JJ.
1400 KA 13-01548

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

JAMAHL A. THOMAS, II, DEFENDANT-APPELLANT.

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered June 25, 2013. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree.

WILLIAMS, HEINL, MOODY & BUSCHMAN, P.C., AUBURN (RYAN JAMES MULDOON OF COUNSEL), FOR DEFENDANT-APPELLANT.

JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

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 robbery in the first degree (Penal Law § 160.15 [1]). Although defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v Lopez, 6 NY3d 248, 256), that waiver does not encompass the denial of his request for youthful offender status because no mention of youthful offender status was made before defendant waived his right to appeal (see People v Anderson, 90 AD3d 1475, 1476, lv denied 18 NY3d 991). We conclude, however, that County Court did not abuse its discretion in refusing to grant defendant youthful offender status (see People v Johnson, 109 AD3d 1191, 1191-1192, lv denied 22 NY3d 997; People v Davis, 84 AD3d 1710, 1710, lv denied 17 NY3d 815), and we decline to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender (cf. People v Noel, 106 AD2d 854, 854-855).

Entered: January 2, 2015

Frances E. Cafarell

Clerk of the Court