Opinion
December 22, 1995
Appeal from the Cayuga County Court, Corning, J.
Present — Denman, P.J., Lawton, Wesley, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Under the circumstances of this case, County Court did not abuse its discretion in denying defendant youthful offender treatment (see, People v Cruickshank, 105 A.D.2d 325, 333-336, affd sub nom. People v Dawn Maria C., 67 N.Y.2d 625), and we decline to exercise our interest of justice jurisdiction to grant such treatment (see, People v Gaziano [appeal No. 1], 219 A.D.2d 870; cf., People v Shrubsall, 167 A.D.2d 929, 930). Furthermore, we conclude that the imposition of an indeterminate term of incarceration of 2 1/3 to 7 years upon defendant's conviction of burglary in the third degree is neither unduly harsh nor severe.