Opinion
May 11, 1987
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Ordered that the judgment is affirmed.
The defendant pleaded guilty with knowledge that he might be denied youthful offender status. At sentencing, the defendant did not object to the sentence or seek to withdraw his plea, thereby waiving his right to contest this issue on appeal (see, People v. Polansky, 125 A.D.2d 505; People v. Ifill, 108 A.D.2d 202). Moreover, "eligibility alone does not mandate youthful offender treatment. The granting of such benefit lies wholly within the discretion of the court" (see, People v. Williams, 78 A.D.2d 642; People v. Jordan, 115 A.D.2d 622). Upon a review of the record on appeal, there is no basis for finding that the court abused its discretion in denying youthful offender treatment. Thompson, J.P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.