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PEOPLE v. BROWN

Appellate Division of the Supreme Court of New York, Second Department.
Oct 18, 1999

ORDERED that the judgment is affirmed.

By knowingly, voluntarily, and intelligently waiving his right to appeal in the instant case, the defendant waived review of his present contention that the sentence should be modified to grant him youthful offender adjudication (see, People v. Hidalgo, 91 N.Y.2d 733; People v. Franklin, 261 A.D.2d 900 [4th Dept., May 7, 1999]; People v. Hines, 261 A.D.2d 959 [4th Dept., May 7, 1999]; People v. Watkins, 261 A.D.2d 962 [4th Dept., May 7, 1999]; People v. Williams, 204 A.D.2d 371).

Additionally, the defendant's claim that the court should have adjudicated him a youthful offender is unpreserved for appellate review because he never sought to withdraw his plea on that ground (see, People v. Berry, 233 A.D.2d 336; People v. Williams, supra).

S. MILLER, J.P., SULLIVAN, FRIEDMANN, and FEUERSTEIN, JJ., concur.