10 (3) or his challenge to the severity of the sentence. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and therefore does not preclude our review of those challenges (see People v Barr, 192 A.D.3d 1571, 1571 [4th Dept 2021] , lv denied 37 N.Y.3d 954 [2021]; People v Middlebrooks, 167 A.D.3d 1483, 1484 [4th Dept 2018], lv denied 32 N.Y.3d 1207 [2019], reconsideration denied 33 N.Y.3d 1033 [2019]), we conclude that the court did not abuse its discretion in concluding that defendant was not an eligible youth and denying his request for youthful offender treatment (see People v Jones, 166 A.D.3d 1479, 1480 [4th Dept 2018], lv denied 32 N.Y.3d 1205 [2019]). We decline to exercise our discretion in the interest of justice to determine that the CPL 720.
10 (3) or his challenge to the severity of the sentence. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and therefore does not preclude our review of those challenges (seePeople v. Barr , 192 A.D.3d 1571, 1571, 140 N.Y.S.3d 858 [4th Dept. 2021], lv denied 37 N.Y.3d 954, 147 N.Y.S.3d 511, 170 N.E.3d 385 [2021] ; People v. Middlebrooks , 167 A.D.3d 1483, 1484, 89 N.Y.S.3d 807 [4th Dept. 2018], lv denied 32 N.Y.3d 1207, 99 N.Y.S.3d 194, 122 N.E.3d 1107 [2019], reconsideration denied 33 N.Y.3d 1033, 102 N.Y.S.3d 518, 126 N.E.3d 168 [2019] ), we conclude that the court did not abuse its discretion in concluding that defendant was not an eligible youth and denying his request for youthful offender treatment (seePeople v. Jones , 166 A.D.3d 1479, 1480, 88 N.Y.S.3d 318 [4th Dept. 2018], lv denied 32 N.Y.3d 1205, 99 N.Y.S.3d 205, 122 N.E.3d 1118 [2019] ). We decline to exercise our discretion in the interest of justice to determine that the CPL 720.
10 (3) or his challenge to the severity of the sentence. Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and therefore does not preclude our review of those challenges (see People v Barr, 192 A.D.3d 1571, 1571 [4th Dept 2021] , lv denied 37 N.Y.3d 954 [2021]; People v Middlebrooks, 167 A.D.3d 1483, 1484 [4th Dept 2018], lv denied 32 N.Y.3d 1207 [2019], reconsideration denied 33 N.Y.3d 1033 [2019]), we conclude that the court did not abuse its discretion in concluding that defendant was not an eligible youth and denying his request for youthful offender treatment (see People v Jones, 166 A.D.3d 1479, 1480 [4th Dept 2018], lv denied 32 N.Y.3d 1205 [2019]). We decline to exercise our discretion in the interest of justice to determine that the CPL 720.