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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER PAGANO, Appellant.

Ordered that the judgments are affirmed.

The defendant contends that he should be resentenced because the court did not expressly make a determination on the record regarding his eligibility for youthful offender treatment before imposing sentences (see, CPL 720.20). However, since the defendant made no assertion at the time of the sentencing that he was entitled to be adjudicated a youthful offender, his right thereto was waived (see, People v. McGowen, 42 N.Y.2d 905). Under the circumstances of this case, we find no basis for concluding that the sentences should be set aside.

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.

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PEOPLE v. PAGANO
(Aug 17, 1998)