Opinion
May 7, 1999
Appeal from Judgment of Steuben County Court, Scudder, J. — Manslaughter, 1st Degree.
Present — Green, J. P., Pine, Wisner, Hurlbutt and Callahan, JJ.
Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, the record does not demonstrate that he was absent from the courtroom during his trial ( see, People v. Pichardo, 168 A.D.2d 577, lv denied 77 N.Y.2d 965). Defendant failed to preserve for our review his contention that County Court erred in failing to give cautionary instructions regarding note-taking by jurors ( see, CPL 470.05; People v. Buccola, 175 A.D.2d 601, lv denied 78 N.Y.2d 1010), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]).
Defendant failed to request a youthful offender adjudication and thus waived his right to that adjudication ( see, People v. McGowen, 42 N.Y.2d 905, rearg denied 42 N.Y.2d 1015; see generally, CPL 720.20). "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" ( People v. Haffner, 167 A.D.2d 652, lv denied 77 N.Y.2d 878; see, People v. Quesnel, 115 A.D.2d 802; cf., People v. Torres, 238 A.D.2d 933). Finally, the sentence is neither unduly harsh nor severe.