People v Barnett

People v Barnett 2009 NY Slip Op 09242 [68 AD3d 888] December 8, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
Tafari A. Barnett, Appellant.

—[*1] Brendan O'Meara, Yonkers, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and Anthony J. Servino of counsel; Joseph A. Barca, III on the brief), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Neary, J.), rendered October 3, 2007, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, his claim that his waiver of his right to appeal was invalid does not, in and of itself, warrant reversal of the judgment of conviction or vacatur of the sentence imposed. Skelos, J.P., Florio, Balkin, Belen and Austin, JJ., concur.