p. 959The People of the State of New York, Respondent, v James Hines, Appellant. [689 NYS2d 906] —Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of one count of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [2]). The record establishes that defendant knowingly,
p. 960intelligently and voluntarily waived his right to appeal (see, People v Seaberg, 74 NY2d 1 , 11). The waiver encompassed Supreme Court’s denial of defendant’s application for a youthful offender adjudication (see, People v Hidalgo, 91 NY2d 733 , 737; People v Wagoner, 234 AD2d 831 ). (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J. — Attempted Robbery, 1st Degree.) Present — Denman, P. J., Green, Pine, Scudder and Balio, JJ.
Cases cited
- People v. Seaberg 74 NY2d 1 at 11 p. 960
- People v. Hidalgo 91 NY2d 733 at 737 p. 960