Opinion
December 3, 1984
Appeal from the Supreme Court, Kings County (Clemente, J.).
Judgment affirmed.
The hearing court's finding that defendant made a statement to the police voluntarily, and knowingly waived his rights, is amply supported by the record. Therefore, suppression of the statement was properly denied ( People v. Prochilo, 41 N.Y.2d 759). Defendant's contention that he should have been granted youthful offender status is without merit. The grant of that relief lies within the discretion of the court ( People v. Williams, 78 A.D.2d 642). Defendant received the benefit of the plea bargain and received the sentence promised. Considering the seriousness of the crime and the relatively short sentence imposed, it was not an abuse of discretion to deny defendant the additional benefit of youthful offender treatment. Thompson, J.P., O'Connor, Boyers and Lawrence, JJ., concur.