Ordered that the judgment is affirmed.
Although the defendant correctly asserts that he did not waive his right to appeal his judgment of conviction (see, People v Callahan, 80 N.Y.2d 273), we find that the issues he raises on appeal are without merit.
The defendant pleaded guilty with the understanding that he would not receive youthful offender treatment, and he did not attempt to withdraw his plea. Accordingly, the defendant waived his right to seek appellate review of this issue (see, People v Polansky, 125 A.D.2d 342; People v. Ifill, 108 A.D.2d 202). In any event, the determination of whether to grant or deny youthful offender status rests within the sound discretion of the court and depends upon all the attending facts and circumstances of the case (see, People v. Ortega, 114 A.D.2d 912). We find no improvident exercise of discretion in denying youthful offender status.
Nor was the defendant's sentence unduly harsh and excessive. Bracken, J.P., Miller, Santucci and Altman, JJ., concur.