Opinion
11-02-2016
The PEOPLE, etc., respondent, v. Nakia MORSE, appellant.
Yasmin M. Daley Duncan, Brooklyn, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Yasmin M. Daley Duncan, Brooklyn, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered June 23, 2015, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the People's contention, the defendant, who argued at sentencing that he should be afforded youthful offender treatment, did not waive or fail to preserve for appellate review his argument that he should have been afforded such treatment (see CPL 470.05[2] ; People v. David S., 78 A.D.3d 1205, 911 N.Y.S.2d 647 ; People v. Gomez, 60 A.D.3d 782, 783, 874 N.Y.S.2d 582 ; People v. Murray, 57 A.D.3d 921, 869 N.Y.S.2d 344 ). However, contrary to the defendant's contention, the County Court providently exercised its discretion in denying the defendant youthful offender treatment (see CPL § 720.20[1] ; People v. Bae, 137 A.D.3d 804, 25 N.Y.S.3d 887 ; People v. Jones, 118 A.D.3d 912, 914, 987 N.Y.S.2d 447 ).The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., DICKERSON, MALTESE and CONNOLLY, JJ., concur.