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THE PEOPLE, etc., respondent, v. MANUEL MORALEZ, appellant. (Ind. Nos. 720/98 and 939/98)

DECISION ORDER

ORDERED that the judgments are affirmed.

The defendant's contention that the sentencing court should have granted him youthful offender status is unpreserved for appellate review, since he failed to object or to move to withdraw his pleas on this ground (see, People v. Granton, 236 A.D.2d 624 ; People v. Stevens, 167 A.D.2d 363 ; People v. Maybeck, 157 A.D.2d 861 ). In any event, the court providently exercised its discretion in denying him youthful offender treatment, given that he admittedly committed several robberies, during which he either threatened the immediate use a knife or displayed what appeared to be a handgun or both (see, People v. Vera, 206 A.D.2d 494 ; People v. Smith, 132 A.D.2d 583 ; People v. Sneed, 116 A.D.2d 676 ).

Since the defendant pleaded guilty with the understanding that he would receive the sentences which were thereafter actually imposed, he has no basis to now complain that his sentences were excessive (see, People v. Kazepis, 101 A.D.2d 816 ).

MANGANO, P.J., RITTER, JOY, McGINITY, and SMITH, JJ., concur.

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PEOPLE v. MORALEZ
(Dec 13, 1999)