PEOPLE v. DANIELS

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 two counts of assault in the first degree (Penal Law § 120.10, [3]) and one count of criminal possession of a weapon in the second degree (§ 265.03 [2]), defendant contends that County Court erred in failing to adjudicate him a youthful offender. Defendant failed to preserve that contention for our review ( see People v. Mauricio, 8 AD3d 1089, 1090, lv denied 3 NY3d 678; People v. Stalker, 307 AD2d 765, lv denied 100 NY2d 645) and, in any event, that contention lacks merit. The sentence is not unduly harsh or severe.