Opinion
2002-03468.
December 29, 2003.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Farneti, J.), rendered March 14, 2002, convicting him of criminal possession of stolen property in the third degree and resisting arrest, upon his plea of guilty, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (Gregory J. Neilon of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.
Before: ROBERT W. SCHMIDT and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's claim that the 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 this ground ( see People v. Noboa, 280 A.D.2d 558; People v. Brown, 265 A.D.2d 486; People v. Berry, 233 A.D.2d 336).
In any event, the determination to deny youthful offender treatment to the defendant was a provident exercise of discretion ( see People v. Taylor, 302 A.D.2d 480; People v. Wallace, 246 A.D.2d 676).
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.