People v. Hoag

Nov 10, 2005
Versions:23 A.D.3d 1031
803 N.Y.S.2d 457

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 sexual abuse in the first degree (Penal Law § 130.65 [1]), defendant contends that he should have been afforded youthful offender status. Defendant failed to preserve his contention for our review (see People v Thompson, 16 AD3d 603 [2005]; People v Stalker, 307 AD2d 765 [2003], lv denied 100 NY2d 645 [2003]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Contrary to defendant‘s further contention, the sentence is not unduly harsh or severe.