Opinion
February 11, 1971
Appeal from a judgment of the County Court, Chemung County, convicting appellant upon his plea of guilty of robbery in the second degree and attempted robbery in the second degree. We find no basis on the instant record to disturb the trial court's discretion in denying appellant youthful offender treatment ( Matter of Tschornyi v. County Court of County of Tompkins, 283 App. Div. 910; compare People v. Towler, 30 A.D.2d 876) or its sentencing of appellant to a reformatory term pursuant to section 75.00 Penal of the Penal Law as excessive. Judgment affirmed. Herlihy, P.J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur.