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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT v RASHAWN C. AUSTIN, DEFENDANT-APPELLANT

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT v RASHAWN C. AUSTIN, DEFENDANT-APPELLANT

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Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), rendered January 6, 2016. The judgment convicted defendant, uponhis plea of guilty, of manslaughter in the first degree.It is hereby ORDERED that the judgment so appealed from isunanimously affirmed.Memorandum: Defendant appeals from a judgment convicting himupon his guilty plea of manslaughter in the first degree (Penal Law§ 125.20 [1]). We reject defendant’s contention that County Courterred in failing to fulfill its statutory obligation to considerwhether the circumstances warranted youthful offender treatment (see CPL 720.20 [1];People v Rudolph, 21 NY3d 497, 499 [2013]). Atsentencing, the court denied defendant youthful offender treatment,and attributed the denial to the seriousness of the crime. Weconclude that the court’s remarks establish that it “made anindependent determination” whether to adjudicate defendant a youthfuloffender (People v Richardson, 128 AD3d 988, 989 [2d Dept 2015],lv denied 25 NY3d 1206 [2015]). Defendant’s valid waiver of the right toappeal encompasses his challenge to the severity of the sentence,including the period of postrelease supervision (see People v Blas,120 AD3d 585, 585 [2d Dept 2014],lv denied24 NY3d 1001 [2014]).Entered: June 8, 2018 Mark W. BennettClerk of the Court

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