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State v. Pinheiro

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 2007
44 A.D.3d 798 (N.Y. App. Div. 2007)

Opinion

October 9, 2007.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Walsh, J.), rendered April 20, 2004, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.

Before: Miller, J.P., Ritter, Goldstein and Dicker son, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's contention that the sentencing court should have adjudicated him a youthful offender is unpreserved for appellate review, since he failed to object or move to withdraw his plea on that ground ( see People v Thompson, 16 AD3d 603; People v Greene, 13 AD3d 647; People v Small, 7 AD3d 819). In any event, under the circumstances of this case, the denial of youthful offender treatment was a provident exercise of discretion.


Summaries of

State v. Pinheiro

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 2007
44 A.D.3d 798 (N.Y. App. Div. 2007)
Case details for

State v. Pinheiro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRISTAN PINHEIRO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 9, 2007

Citations

44 A.D.3d 798 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 7728
842 N.Y.S.2d 736