People v Simms

People v Simms 2011 NY Slip Op 08620 Decided on November 22, 2011 Appellate Division, Second 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 November 22, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
A. GAIL PRUDENTI, P.J.
REINALDO E. RIVERA
RANDALL T. ENG
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
2009-10754
(Ind. No. 10566/08)

[*1]The People of the State of New York, respondent,

v

Christopher Simms, appellant.




Steven Banks, New York, N.Y. (Adrienne Gantt of counsel), for
appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Amy Appelbaum of
counsel; Benjamin Barczewski on
the memorandum), for respondent.


DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Parker, J.), imposed October 30, 2009.

ORDERED that the sentence is affirmed.

The defendant's valid waiver of his right to appeal precludes review of his claim that he should have been sentenced as a youthful offender (see People v Hidalgo, 91 NY2d 733, 735; People v Allen, 82 NY2d 731, 763; see also People v Valentin, 15 AD3d 424, 424; People v Friedlander, 11 AD3d 556, 556; People v Hubbard, 288 AD2d 490, 490; cf. People v Johnson, 14 NY3d 483, 486).
PRUDENTI, P.J., RIVERA, ENG, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court