PEOPLE v. RIVAS

Defendant's claim that the court failed to consider granting him youthful offender treatment is unpreserved for appellate review ( People v. McGowen, 42 N.Y.2d 905; People v. Thomas, 206 A.D.2d 708) and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court considered and appropriately denied youthful offender treatment on the basis of the seriousness of the crime.

Concur — Milonas, J.P., Rosenberger, Williams and Mazzarelli, JJ.