PEOPLE v. HUBBARD

ORDERED that the judgment is affirmed.

By knowingly, voluntarily, and intelligently waiving his right to appeal, the defendant waived review of his present contention that the County Court improvidently exercised its discretion in denying him youthful offender status (see, People v. Hidalgo, 91 N.Y.2d 733; People v. Brown, 265 A.D.2d 486; People v. Williams, 204 A.D.2d 371). Additionally, the defendant's claim is unpreserved for appellate review because he never sought to withdraw his plea on that ground (see, People v. Brown, supra; People v. Marcia, 258 A.D.2d 534). In any event, the County Court providently exercised its discretion in denying the application (see, People v. Marcia, supra).

RITTER, J.P., GOLDSTEIN, FRIEDMANN, FEUERSTEIN and CRANE, JJ., concur.