People v. Clarke

Appeal by the defendant from a judgment of the County Court, Westchester County (Warhit, J.), rendered March 3, 2015, convicting him of burglary in the second degree (two counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Initially, the defendant’s waiver of his right to appeal was invalid (see People v Fortier, 130 AD3d 642, 643 [2015]) and, in any event, does not bar his contention that the County Court failed to consider youthful offender treatment (see People v Dhillon, 143 AD3d 734 [2d Dept 2016]; People v Newman, 137 AD3d 1306, 1307 [2016]).

CPL…