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PEOPLE v. SMALL

7 A.D.3d 819 (2004)

776 N.Y.S.2d 809

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE SMALL, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 24, 2004.

Ordered that the judgment is affirmed.

The defendant's argument that the sentencing court should have granted him youthful offender treatment is unpreserved for appellate review, since he failed to object or to move to withdraw his plea on this ground (see People v Bermudez, 177 A.D.2d 323 [1991]). In any event, under the circumstances of this case, the denial of youthful offender treatment was a provident exercise of discretion...

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