PEOPLE v. HOAG

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

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of sexual abuse in the first degree (Penal Law § 130.65), defendant contends that he should have been afforded youthful offender status. Defendant failed to preserve his contention for our review ( see People v. Thompson, 16 AD3d 603; People v. Stalker, 307 AD2d 765, lv denied 100 NY2d 645), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [a]). Contrary to defendant's further contention, the sentence is not unduly harsh or severe.