PEOPLE v. ROCKLIN

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of attempted assault in the first degree (Penal Law § 110.00, 120.10 Penal [1]). Defendant's knowing and voluntary waiver of the right to appeal encompasses the right to challenge Supreme Court's denial of a youthful offender adjudication ( see, People v. Franklin, 261 A.D.2d 900 [decided May 7, 1999]; People v. Watkins, 261 A.D.2d 962 [decided May 7, 1999]). In any event, we reject defendant's contention that the court failed to consider youthful offender treatment ( see, CPL 720.20). Defendant pleaded guilty with the understanding that he would not receive youthful offender treatment, and he did not move to withdraw his plea ( see, People v. Ciminera, 202 A.D.2d 684, 685, lv denied 83 N.Y.2d 909). We reject defendant's further contention that the court erred in ordering restitution without conducting a hearing ( see, Penal Law § 60.27). Defendant stipulated to the amount of restitution and "did not seek the hearing that he was entitled to by law" ( People v. Kelly, 238 A.D.2d 938, lv denied 90 N.Y.2d 906; cf., People v. Barton, 259 A.D.2d 989 [decided Mar. 31, 1999]).

PRESENT: PINE, J.P., LAWTON, WISNER, HURLBUTT AND CALLAHAN, JJ.