People v. Simms — 89 A.D.3d 1043

Majority

p. 1043

The People of the State of New York, Respondent, v Christopher Simms, Appellant.

[933 NYS2d 558]

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 NY2d 733 , 735 [1998]; People v Allen, 82 NY2d 761 , 763 [1993]; see also People v Valentin, 15 AD3d 424 [2005]; People v Friedlander, 11 AD3d 556 [2004]; People v Hubbard, 288 AD2d 490 , 490 [2001]; cf. People v Johnson, 14 NY3d 483 , 486 [2010]). Prudenti, EJ., Rivera, Eng, Leventhal and Miller, JJ., concur.

Cases cited

People v. Hidalgo 91 NY2d 733 N.Y. 1998-06-04 at 735 p. 1043
People v. Allen 82 NY2d 761 N.Y. 1993-10-07 at 763 p. 1043
People v. Hubbard 288 AD2d 490 N.Y. App. Div. 2001-11-26 at 490 p. 1043
People v. Johnson 14 NY3d 483 N.Y. 2010-05-04 at 486 p. 1043