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PEOPLE v. WILLIAMS

Appellate Division of the Supreme Court of New York, Second Department.
May 2, 1994
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Ordered that the sentence is affirmed.

The defendant effectively waived his right to appeal all aspects of his conviction, including the court's option to deny him a youthful offender adjudication if the Probation Department's report was unfavorable (see, People v. Burk, 181 A.D.2d 74, 75; People v. Smith, 142 A.D.2d 195, 201, affd 74 N.Y.2d 1). In addition, the defendant's contention 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. Pellegrino, 60 N.Y.2d 636; People v Gonzalez, 186 A.D.2d 223; People v. Jones, 180 A.D.2d 650). In any event, the determination of youthful offender adjudication is a matter resting within the sound discretion of the sentencing court, and it will not be disturbed when, as here, there was no clear abuse of discretion (see, CPL 720.20; compare, People v. Granger, 82 A.D.2d 643). Mangano, P.J., Bracken, Lawrence, Altman and Friedmann, JJ., concur.