ELSHABAZZ, ELHAJJI, PEOPLE v ( 2011 )


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  •            SUPREME COURT OF THE STATE OF NEW YORK
    Appellate Division, Fourth Judicial Department
    172
    KA 09-02484
    PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND GORSKI, JJ.
    THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
    V                              MEMORANDUM AND ORDER
    ELHAJJI ELSHABAZZ, DEFENDANT-APPELLANT.
    (APPEAL NO. 1.)
    THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF
    COUNSEL), FOR DEFENDANT-APPELLANT.
    FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (J. MICHAEL MARION OF
    COUNSEL), FOR RESPONDENT.
    Appeal from a judgment of the Supreme Court, Erie County (M.
    William Boller, A.J.), rendered August 27, 2009. The judgment
    convicted defendant, upon his plea of guilty, of attempted criminal
    possession of a weapon in the second degree.
    It is hereby ORDERED that the judgment so appealed from is
    unanimously affirmed.
    Memorandum: Defendant appeals from two judgments convicting him,
    respectively, upon his plea of guilty of attempted criminal possession
    of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]) and
    upon his plea of guilty of criminal possession of marihuana in the
    fourth degree (§ 221.15). Contrary to the contention of defendant in
    each appeal, his waiver of the right to appeal was knowingly,
    voluntarily and intelligently entered (see People v Lopez, 6 NY3d 248,
    256; People v Callahan, 80 NY2d 273, 280). The valid waiver of the
    right to appeal encompasses defendant’s contention concerning the
    denial of his request for youthful offender status (see People v
    Harris, 77 AD3d 1326; People v Williams, 37 AD3d 1193). In any event,
    that contention is without merit. “Supreme Court carefully considered
    the request to be considered a youthful offender and stated the
    reasons for its denial” (Williams, 37 AD3d at 1194), and it cannot be
    said that the court abused its discretion in denying that request (see
    id.; People v Ariola, 15 AD3d 882, amended on rearg 17 AD3d 1172, lv
    denied 5 NY3d 784; People v Smith, 286 AD2d 878, lv denied 98 NY2d
    641).
    Entered:    February 18, 2011                      Patricia L. Morgan
    Clerk of the Court
    

Document Info

Docket Number: KA 09-02484

Filed Date: 2/18/2011

Precedential Status: Precedential

Modified Date: 10/8/2016