PEOPLE v. FOSTER

4061, 4851/14.

2017 NY Slip Op 04055

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAINA FOSTER, Defendant-Appellant.

Appellate Division of the Supreme Court of New York, First Department.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Moshe Indig of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Andrew E. Seewald of counsel), for respondent.

Before: Tom, J.P., Mazzarelli, Manzanet-Daniels, Webber, JJ.


Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered August 6, 2015, convicting defendant, upon her plea of guilty, of robbery in the second degree, and sentencing her to a term of five years, unanimously affirmed.

Defendant made a valid waiver of her right to appeal (see People v Bryant, 28 N.Y.3d 1094 [2016]), which forecloses review of her claims that her sentence was excessive and that the court should have granted youthful offender treatment (see People v White, 141 A.D.3d 463 [1st Dept 2016], lv denied 28 N.Y.3d 975 [2016]). Regardless of the validity and scope of defendant's waiver of her right to appeal, we perceive no basis for reducing the sentence or substituting a youthful offender adjudication.

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


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