Opinion
2000-01279
Submitted November 7, 2001.
November 26, 2001.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered January 24, 2000, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (George Grunn of counsel), for appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Guy Aricidiacono of counsel; Lucie M. Kwon on the brief), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
By knowingly, voluntarily, and intelligently waiving his right to appeal, the defendant waived review of his present contention that the County Court improvidently exercised its discretion in denying him youthful offender status (see, People v. Hidalgo, 91 N.Y.2d 733; People v. Brown, 265 A.D.2d 486; People v. Williams, 204 A.D.2d 371). Additionally, the defendant's claim is unpreserved for appellate review because he never sought to withdraw his plea on that ground (see, People v. Brown, supra; People v. Marcia, 258 A.D.2d 534). In any event, the County Court providently exercised its discretion in denying the application (see, People v. Marcia, supra).
RITTER, J.P., GOLDSTEIN, FRIEDMANN, FEUERSTEIN and CRANE, JJ., concur.