Opinion
December 23, 1988
Appeal from the Supreme Court, Onondaga County, Gorman, J.
Present — Dillon, P.J., Callahan, Green, Pine and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Inasmuch as the defendant had been previously adjudicated a youthful offender following conviction of a felony, he was ineligible for youthful offender treatment following this felony conviction (see, CPL 720.10 [c]; People v Sanchez, 128 A.D.2d 816, 817, lv denied 70 N.Y.2d 655; People v Kane, 100 A.D.2d 944; People v Green, 75 A.D.2d 625, 626). Accordingly, the court properly set aside its youthful offender adjudication (see, People v Magee, 116 A.D.2d 742) and sentenced defendant as a predicate felon.