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The People of the State of New York v. Shawn Ubrich

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 10, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
SHAWN UBRICH,
DEFENDANT-APPELLANT.

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered August 10, 2010.

People v Ubrich

Appellate Division, Fourth 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 November 10, 2011

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

The judgment convicted defendant, upon his plea of guilty, of gang assault in the second degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, following his plea of guilty, of gang assault in the second degree (Penal Law § 120.06), defendant contends that County Court erred in failing to afford him youthful offender status. As part of the plea agreement, however, defendant waived his right to appeal, and that valid waiver encompasses defendant's present contention (see People v Capps, 63 AD3d 1632, lv denied 13 NY3d 765). In any event, defendant never requested youthful offender status at the time of the plea or at sentencing and thus his contention is not preserved for our review (see People v Ficchi, 64 AD3d 1195, lv denied 13 NY3d 859).

Entered: November 10, 2011

Patricia L. Morgan Clerk of the Court

20111110

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