Opinion
December 7, 1998
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the order is affirmed.
The defendant waived his right to appeal and cannot use CPL 440.10 as a substitute for an appeal (see, People v. Hill, 220 A.D.2d 905). In any event, he failed to present any evidence either of mitigating circumstances or that he was a minor participant in the crime. Therefore, he was not entitled to youthful offender treatment (see, People v. Cuatle, 212 A.D.2d 625).
The defendant's remaining contentions are without merit.
Pizzuto, J.P., Joy, Goldstein and Luciano, JJ., concur.