People v. Daniels

Jul 1, 2005
Versions:20 A.D.3d 940
797 N.Y.S.2d 338
2005 N.Y. App. Div. LEXIS 7436

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 upon his plea of guilty of two counts of assault in the first degree (Penal Law § 120.10 [1], [3]) and one count of criminal possession of a weapon in the second degree (§ 265.03 [2]), defendant contends that County Court erred in failing to adjudicate him a youthful offender. Defendant failed to preserve that contention for our review (see People v Mauricio, 8 AD3d 1089, 1090 [2004], lv denied 3 NY3d 678 [2004]; People v Stalker, 307 AD2d 765 [2003], lv denied 100 NY2d 645 [2003]) and, in any event, that contention lacks merit. The sentence is not unduly harsh or severe. Present—Green, J.P., Martoche, Pine, Lawton and Hayes, JJ.