Opinion
2012-03-8
The PEOPLE of the State of New York, Respondent, v. Mazghi SMITH, Appellant.
Carolyn B. George, Albany, for appellant. P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), for respondent.
Carolyn B. George, Albany, for appellant. P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), for respondent.
Before: Mercure, Acting P.J., Lahtinen, Spain, Stein and McCarthy, JJ.
McCARTHY, J.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered December 8, 2010, convicting defendant upon his plea of guilty of the crime of robbery in the first degree.
Defendant was charged in a two-count indictment with robbery in the first degree and burglary in the first degree after he forced his way into the home of the nine-year-old victim's grandfather and proceeded to rob the boy of his videogame system at knife point. According to the victim's grandfather, when he tried to intervene, defendant knocked him down and fled the scene with the stolen property. Following defendant's arrest, a plea bargain was negotiated whereby he would plead guilty to robbery in the first degree in satisfaction of the indictment, waive his right to appeal and receive a sentence no greater than 2 to 6 years in prison. County Court informed defendant at that time that, while he was unwilling to grant him youthful offender status under the circumstances, he would duly consider any application that was made. Defendant then accepted the plea bargain, waived his right to appeal and pleaded guilty to robbery in the first degree in satisfaction of the indictment. At sentencing, the court, after denying defendant's application for youthful offender status, imposed a prison term of 1 2/3 to 5 years. This appeal ensued.
We affirm. Notably, defendant's appeal waiver, the validity of which he does not dispute ( see People v. French, 72 A.D.3d 1397, 1399, 898 N.Y.S.2d 896 [2010], lv. denied 15 N.Y.3d 804, 908 N.Y.S.2d 164, 934 N.E.2d 898 [2010] ), forecloses any review of the denial of defendant's request for youthful offender status ( see People v. Harrington, 281 A.D.2d 748, 748–749, 721 N.Y.S.2d 709 [2001], lv. denied 96 N.Y.2d 830, 729 N.Y.S.2d 450, 754 N.E.2d 210 [2001] ).