People v Yammie

People v Yammie 2015 NY Slip Op 09130 Decided on December 9, 2015 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 December 9, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX
BETSY BARROS, JJ.
2013-04977
(Ind. No. 9940/12)

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

v

Christian Yammie, appellant.

Seymour W. James, Jr., New York, N.Y. (Ellen Dille of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel; Thomas Rizzuti on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from so much of a sentence of the Supreme Court, Kings County (Foley, J.), imposed April 16, 2013, as, upon imposing sentence upon his plea of guilty, denied him youthful offender treatment.

ORDERED that the sentence is affirmed insofar as appealed from.

The record demonstrates that the defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v Lopez, 6 NY3d 248, 256-257; cf. People v Bradshaw, 18 NY3d 257, 264; People v Brown, 122 AD3d 133). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentencing court should have sentenced him as a youthful offender (see People v Pacherille, 25 NY3d 1021, 1024; People v Drammeh, 100 AD3d 650; People v Franko, 98 AD3d 525).

ENG, P.J., RIVERA, HALL, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court