Majority
p. 925The People of the State of New York, Respondent, v Ernest T. Carter, Appellant. [720 NYS2d 861]
—Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to assault in the second degree (Penal Law § 120.05 [2]) in satisfaction of charges arising from an incident involving an armed robbery, and he waived his right to appeal as a condition of the plea bargain (see, People v Seaberg, 74 NY2d 1 , 11). That general waiver encompasses his contentions that County Court abused its discretion in denying his request for youthful offender status (see, People v Weston, 275 AD2d 915 ; People v Franklin, 261 AD2d 900 , lv denied 94 NY2d 823 ) and that the sentence is unduly harsh or severe (see, People v Hidalgo, 91 NY2d 733 , 737). In any event, we conclude that the court did
p. 926
not abuse its discretion in denying defendant’s request for youthful offender status (see, People v Jones, 247 AD2d 883 , lv denied 91 NY2d 974 ) and that the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Niagara County Court, Hannigan, J. — Assault, 2nd Degree.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Burns and Lawton, JJ.
Cases cited
- People v. Seaberg 74 NY2d 1 at 11 p. 925
- People v. Hidalgo 91 NY2d 733 at 737 p. 925