People v. Rocklin

Appellate Division of the Supreme Court of New York

People v. Rocklin

265 A.D.2d 920, 698 N.Y.S.2d 119, 1999 N.Y. App. Div. LEXIS 10050

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 1, 1999

StatusPublished

Cited by2 cases

This text of 265 A.D.2d 920 (People v. Rocklin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Rocklin, 265 A.D.2d 920, 698 N.Y.S.2d 119, 1999 N.Y. App. Div. LEXIS 10050 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of attempted assault in the first degree (Penal Law §§ 110.00, 120.10 [1]). Defendant’s knowing and voluntary waiver of the right to appeal encompasses the right to challenge Supreme Court’s

[921]*921denial of a youthful offender adjudication (see, People v Franklin, 261 AD2d 900; People v Watkins, 261 AD2d 962). In any event, we reject defendant’s contention that the court failed to consider youthful offender treatment (see, CPL 720.20 [1]). Defendant pleaded guilty with the understanding that he would not receive youthful offender treatment, and he did not move to withdraw his plea (see, People v Ciminera, 202 AD2d 684, 685, lv denied 83 NY2d 909). We reject defendant’s further contention that the court erred in ordering restitution without conducting a hearing (see, Penal Law § 60.27 [2]). Defendant stipulated to the amount of restitution and “did not seek the hearing that he was entitled to by law” (People v Kelly, 238 AD2d 938, lv denied 90 NY2d 906; cf., People v Barton, 259 AD2d 989). (Appeal from Judgment of Supreme Court, Erie County, Forma, J. — Attempted Assault, 1st Degree.) Present— Pine, J. P., Lawton, Wisner, Hurlbutt and Callahan, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of attempted assault in the first degree (Penal Law §§ 110.00, 120.10 [1]). Defendant’s knowing and voluntary waiver of the right to appeal encompasses the right to challenge Supreme Court’s

[921]*921denial of a youthful offender adjudication (see, People v Franklin, 261 AD2d 900; People v Watkins, 261 AD2d 962). In any event, we reject defendant’s contention that the court failed to consider youthful offender treatment (see, CPL 720.20 [1]). Defendant pleaded guilty with the understanding that he would not receive youthful offender treatment, and he did not move to withdraw his plea (see, People v Ciminera, 202 AD2d 684, 685, lv denied 83 NY2d 909). We reject defendant’s further contention that the court erred in ordering restitution without conducting a hearing (see, Penal Law § 60.27 [2]). Defendant stipulated to the amount of restitution and “did not seek the hearing that he was entitled to by law” (People v Kelly, 238 AD2d 938, lv denied 90 NY2d 906; cf., People v Barton, 259 AD2d 989). (Appeal from Judgment of Supreme Court, Erie County, Forma, J. — Attempted Assault, 1st Degree.) Present— Pine, J. P., Lawton, Wisner, Hurlbutt and Callahan, JJ.

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Bluebook (online)

265 A.D.2d 920, 698 N.Y.S.2d 119, 1999 N.Y. App. Div. LEXIS 10050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rocklin-nyappdiv-1999.

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