Opinion
November 8, 1990
Appeal from the County Court of Rensselaer County (Ceresia, Jr., J.).
The sentence imposed, a 2 1/3-to-7-year prison term, was part of the plea bargain made with defendant. Although given the opportunity to do so, neither defendant nor his counsel indicated that they had any comments to make on factors affecting sentence. Therefore, defendant's right to a consideration of his youthful offender status was waived (see, People v. McGowen, 42 N.Y.2d 905; People v. Quesnel, 115 A.D.2d 802). In any event, given defendant's prior history and the nature of the crime, there is no indication before us that such treatment was warranted (see, People v. Sneed, 116 A.D.2d 676).
Judgment affirmed. Mahoney, P.J., Kane, Weiss, Levine and Harvey, JJ., concur.