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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. LUCAS A. FOOTE, DEFENDANT-APPELLANT.

Judgment unanimously affirmed.

Memorandum:

Defendant failed to preserve for our review his contention that County Court erred in failing to grant him youthful offender status ( see, People v Wright, 269 A.D.2d 829, lv denied 94 N.Y.2d 946, 950, 954; People v King, 254 A.D.2d 814, 814-815, lv denied 92 N.Y.2d 983), 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]). Because the court imposed the minimum sentence authorized for a class B violent felony offense ( see, Penal Law § 70.02 [a]), there is no basis for the exercise of our authority to reduce the sentence as a matter of discretion in the interest of justice ( see, People v. Marrero, ___ A.D.2d ___ [decided Dec. 21, 2000]; People v. Agha, 239 A.D.2d 930, 931, lv denied 90 N.Y.2d 854).

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PEOPLE v. FOOTE
(Feb 7, 2001)