People v. Pinheiro

Oct 9, 2007
Versions:44 A.D.3d 798
842 N.Y.S.2d 736

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 [2005]; People v Greene, 13 AD3d 647 [2004]; People v Small, 7 AD3d 819 [2004]). In any event, under the circumstances of this case, the denial of youthful offender treatment was a provident exercise of discretion. Miller, J.P., Ritter, Goldstein and Dickerson, JJ., concur.