People v. Foster

2017 NY Slip Op 4055, 150 A.D.3d 547, 52 N.Y.S.3d 226

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 18, 2017
• Docket: 4061 4851/14
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Michael J. Obús, J.), rendered August 6, 2015, convicting defendant, upon her plea of guilty, of robbery in the second degree, and sentencing her to a term of five years, unanimously affirmed.

Defendant made a valid waiver of her right to appeal (see People v Bryant, 28 NY3d 1094 [2016]), which forecloses review of her claims that her sentence was excessive and that the court should have granted youthful offender treatment (see People v White, 141 AD3d 463 [1st Dept 2016], lv denied 28 NY3d 975 [2016]). Regardless of the validity and scope of defendant’s waiver of her right to appeal, we perceive no basis for reducing the sentence or substituting a youthful offender adjudication.

Concur—Tom, J.P., Mazzarelli, Manzanet-Daniels and Webber, JJ.