PEOPLE v. FRYER

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

Dec 29, 2003

Judgment

CaseIQ

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DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's claim that the court should have adjudicated him a youthful offender is unpreserved for appellate review since he failed to object or move to withdraw his plea on this ground ( see People v. Noboa, 280 A.D.2d 558; People v. Brown, 265 A.D.2d 486; People v. Berry, 233 A.D.2d 336).

In any event, the determination to deny youthful offender treatment to the defendant was a provident exercise of discretion ( see People v. Taylor, 302 A.D.2d 480; People v. Wallace, 246 A.D.2d 676).

SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.