Opinion
May 2, 1994
Appeal from the Supreme Court, Kings County (Marrus, J.).
Ordered that the sentence is affirmed.
The defendant effectively waived his right to appeal all aspects of his conviction, including the court's option to deny him a youthful offender adjudication if the Probation Department's report was unfavorable (see, People v. Burk, 181 A.D.2d 74, 75; People v. Smith, 142 A.D.2d 195, 201, affd 74 N.Y.2d 1). In addition, the defendant's contention that the court should have adjudicated him a youthful offender is unpreserved for appellate review because he never sought to withdraw his plea on that ground (see, People v. Pellegrino, 60 N.Y.2d 636; People v Gonzalez, 186 A.D.2d 223; People v. Jones, 180 A.D.2d 650). In any event, the determination of youthful offender adjudication is a matter resting within the sound discretion of the sentencing court, and it will not be disturbed when, as here, there was no clear abuse of discretion (see, CPL 720.20; compare, People v. Granger, 82 A.D.2d 643). Mangano, P.J., Bracken, Lawrence, Altman and Friedmann, JJ., concur.