Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Shaina Foster, Appellant
150 A.D.3d 54752 N.Y.S.3d 226·New York Supreme Court, Appellate Division·2017·NY
Concur—Tom, J.P., Mazzarelli, Manzanet-Daniels and Webber, JJ.
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Opinion
The People of the State of New York, Respondent, v Shaina Foster, Appellant.
[52 NYS3d 226]
[MAJORITY]
Judgment, Supreme Court, New York County (Michael J. Obús, 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 NY3d 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 AD3d 463 [1st Dept 2016], lv denied 28 NY3d 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.
Concur—Tom, J.P., Mazzarelli, Manzanet-Daniels and Webber, JJ.