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People v. Abreu

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 18, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ADAM ABREU, DEFENDANT-APPELLANT.

Judgments, Supreme Court, Bronx County (John S. Moore, J.), rendered March 19, 2009, convicting defendant, upon his pleas of guilty, of robbery in the first degree and promoting prison contraband in the second degree, and sentencing him, as a juvenile offender, to an aggregate term of 2 to 7 years, unanimously affirmed.

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.

Mazzarelli, J.P., Saxe, Nardelli, Abdus-Salaam, RomÁn, JJ.

1907/06 & 3100/07

Defendant's valid waiver of his right to appeal forecloses any challenge to the severity of his sentence (see People v Lopez, 6 NY3d 248, 255 [2006]). Regardless of the validity of the waiver of the right to appeal, the court properly exercised its discretion in denying defendant's request for youthful offender treatment, given defendant's serious and repeated crimes.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100318

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