Opinion
July 9, 1990
Appeal from the County Court, Suffolk County (Cacciabaudo, J.).
Ordered that the judgments are affirmed.
The defendant contends that he was entitled to youthful offender treatment. The record indicates that the court did not promise to grant the defendant youthful offender treatment and that he pleaded guilty with the knowledge that such treatment might be denied. At sentencing, the defendant did not attempt to withdraw his pleas and consequently has waived his right to contend that he was entitled to youthful offender treatment (see, People v. Woods, 143 A.D.2d 1068; People v. Polansky, 125 A.D.2d 342). In any event, the decision to grant youthful offender treatment lies within the court's discretion. Since the defendant received the benefit of the plea bargain and received the promised sentence, there is no basis for this court to substitute its discretion for that of the sentencing court (see, People v Locke, 119 A.D.2d 834). Mangano, P.J., Kunzeman, Kooper, Sullivan and O'Brien, JJ., concur.