People v. Hamilton , 2020 NY Slip Op 1360 ( 2020 )

People v Hamilton (2020 NY Slip Op 01360)

People v Hamilton

2020 NY Slip Op 01360

Decided on February 26, 2020

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 26, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
BETSY BARROS, JJ.

2016-00767
(Ind. No. 30/15)

[*1]The People of the State of New York, respondent,

v

Davonte Hamilton, appellant.

Arza R. Feldman, Uniondale, NY (Steven A. Feldman of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Stephen L. Greller, J.), rendered December 14, 2015, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's waiver of his right to appeal was valid (see People v Kovalsky, 166 AD3d 900; People v McLean, 158 AD3d 822). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the denial of youthful offender treatment was an improvident exercise of discretion (see People v Pacherille, 25 NY3d 1021, 1024; People v Basurto-Lopez, 166 AD3d 643; People v McCray, 145 AD3d 740).

The defendant's contention regarding a judgment of conviction under Indictment No. 63/14, from which no appeal was taken, is not properly before this Court.

MASTRO, J.P., BALKIN, LEVENTHAL and BARROS, JJ., concur.

ENTER: Aprilanne Agostino Clerk of the Court