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PEOPLE OF THE STATE OF NEW YORK, Plaintiff-Respondent, v. EDUVIGE SANTIAGO, JR., Defendant-Appellant.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the first degree (Penal Law § 160.15), assault in the second degree (§ 120.05 [6]) and grand larceny in the fourth degree (§ 155.30 [1]). Defendant waived his contention that Supreme Court abused its discretion in failing to grant him youthful offender status ( see People v. McGowen, 42 N.Y.2d 905, rearg denied 42 N.Y.2d 1015). In any event, that contention lacks merit. Defendant received the bargained-for sentence, and thus we reject his further contention that the sentence is unduly harsh or severe ( see People v. Granton, 236 A.D.2d 624, 625, lv denied 89 N.Y.2d 1012).

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PEOPLE v. SANTIAGO
(Nov 21, 2003)