Opinion
KA 02-01480
July 3, 2003.
Appeal from a judgment of Genesee County Court (Noonan, J.), entered June 4, 2002, convicting defendant upon his plea of guilty of attempted burglary in the second degree.
GARY A. HORTON, PUBLIC DEFENDER, BATAVIA (BRIDGET L. FIELD OF COUNSEL), FOR DEFENDANT-APPELLANT.
LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., HURLBUTT, SCUDDER, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant failed to preserve for our review his contention that County Court abused its discretion in denying his application for youthful offender status ( see People v. Jones, 288 A.D.2d 397, lv denied 97 N.Y.2d 730). In any event, that contention lacks merit. The sentence is not unduly harsh or severe.