Opinion
February 2, 1996
Appeal from the Niagara County Court, Fricano, J.
Present — Green, J.P., Fallon, Callahan, Doerr 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, and we decline to exercise our interest of justice jurisdiction to grant such treatment (see, People v. Parker, 222 A.D.2d 1122; 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 to 4 years upon defendant's conviction of attempted criminal sale of a controlled substance in the third degree, a class C felony, is neither unduly harsh nor severe (see, CPL 470.15 [b]).