Opinion
KA 99-05096.
November 21, 2003.
Appeal from a judgment of Niagara County Court (Hannigan, J.), entered May 1, 1998, convicting defendant after a jury trial of manslaughter in the first degree.
Joseph F. Townsend, Public Defender, Lockport (Leonard G. Tilney, Jr., of Counsel), for Defendant-Appellant.
Matthew J. Murphy, III, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Plaintiff-Respondent.
Before: Present: Pigott, Jr., P.J., Green, Pine, Wisner, and Gorski, JJ.
MEMORANDUM AND ORDER
It is hereby Ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him following a jury trial of manslaughter in the first degree (Penal Law § 125.20), defendant contends that County Court should have adjudicated him a youthful offender. Because the record does not reflect any request for youthful offender status, defendant waived any right to that adjudication ( see People v Burlew, 261 A.D.2d 828, lv denied 93 N.Y.2d 1015). In any event, we conclude that defendant's contention lacks merit ( see id.). The sentence is neither unduly harsh nor severe.