PEOPLE v. JOHNSON


50 A.D.3d 1567 (2008)

855 N.Y.S.2d 401

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW JOHNSON, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided April 25, 2008.


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

Memorandum:

On appeal from a judgment convicting him upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]), defendant contends that County Court abused its discretion in denying his application for youthful offender status. That contention is not encompassed by defendant's waiver of the right to appeal because "the issue...

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