Opinion
December 2, 1985
Appeal from the Supreme Court, Queens County (Farlo, J.).
Judgment affirmed.
A review of the record indicates that the court's refusal to adjudicate defendant a youthful offender was not an abuse of discretion (see, CPL 720.10, 720.20 Crim. Proc.; People v. Morgan, 111 A.D.2d 192; People v Raphael, 109 A.D.2d 899). Further, defendant's contention that the sentence imposed was unduly harsh and excessive is without merit. The sentence imposed upon the top count of 1 1/2 to 4 1/2 years in prison was the minimum permissible sentence upon a conviction of a class C violent felony, for which incarceration is mandatory (Penal Law § 140.25, 70.02 Penal [2] [a]; [3] [b]; [4]; § 60.05 PENAL[4]). Mangano, J.P., Brown, Rubin and Lawrence, JJ., concur.