Legal Opinion

People v. Ibralic

Appellate Division of the Supreme Court of the State of New York

Decided September 11, 2008Published

1Opinion of the Court

Contrary to defendant’s assertion, the record reveals that he knowingly, intelligently and voluntarily waived his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]). Given his valid appeal waiver, defendant’s challenges to both the severity of his sentence and the denial of youthful offender treatment are precluded (see People v Stark, 49 AD3d 969 [2008]). Consequently, the judgment is affirmed.

Peters, J.E, Spain, Kane, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment is affirmed.

2Cases cited2 opinions

  1. People v. LopezNew York Court of Appeals · 2006
  2. People v. StarkAppellate Division of the Supreme Court of the State of New York · 2008