Opinion
2011-11-22
The PEOPLE, etc., 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.
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.
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 N.Y.2d 733, 735, 675 N.Y.S.2d 327, 698 N.E.2d 46; People v. Allen, 82 N.Y.2d 761, 763, 603 N.Y.S.2d 820, 623 N.E.2d 1170; see also People v. Valentin, 15 A.D.3d 424, 424, 788 N.Y.S.2d 864; People v. Friedlander, 11 A.D.3d 556, 556, 782 N.Y.S.2d 645; People v. Hubbard, 288 A.D.2d 490, 490, 735 N.Y.S.2d 393; cf. People v. Johnson, 14 N.Y.3d 483, 486, 903 N.Y.S.2d 299, 929 N.E.2d 361).