People v. Simms

The defendant’s valid waiver of his right to appeal precludes review of his claim that he should have been sentenced as a youthful offender (see People v Hidalgo, 91 NY2d 733, 735 [1998]; People v Allen, 82 NY2d 761, 763 [1993]; see also People v Valentin, 15 AD3d 424 [2005]; People v Friedlander, 11 AD3d 556 [2004]; People v Hubbard, 288 AD2d 490, 490 [2001]; cf. People v Johnson, 14 NY3d 483, 486 [2010]). Prudenti, EJ., Rivera, Eng, Leventhal and Miller, JJ., concur.