Opinion
Argued November 1, 2001.
November 19, 2001.
Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered September 8, 2000, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
Green Willstatter, White Plains, N.Y. (Theodore S. Green of counsel), for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
Before: SONDRA MILLER, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
ORDERED that the judgment is affirmed.
The defendant's claim that the court improperly denied his application for youthful offender adjudication is unpreserved for appellate review, as he failed to object or move to withdraw his plea on this ground (see, People v. Brown, 265 A.D.2d 486; People v. Marcia, 258 A.D.2d 534). In any event, the decision to grant youthful offender treatment lies within the sound discretion of the sentencing court (see, CPL 720.20; People v. Colon, 267 A.D.2d 319). The determination to deny youthful offender treatment was a provident exercise of discretion (see, CPL 720.10, [3]).
The defendant's remaining contention is without merit.