PEOPLE v. WEST

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03) and menacing in the second degree (§ 120.14 [1]). Defendant failed to preserve for our review his contention that County Court erred in agreeing with the People that he should not be adjudicated a youthful offender and, in any event, that contention lacks merit ( see People v Daniels, 20 AD3d 940, lv denied 5 NY3d 805; People v Mauricio, 8 AD3d 1089, 1090, lv denied 3 NY3d 678). Likewise, the contention of defendant that he was prejudiced by prosecutorial misconduct is unpreserved for our review ( see People v Gordon, 277 AD2d 1053, lv denied 96 NY2d 759), and it lacks merit.