PEOPLE v. BROWN

Ordered that the judgments and the amended judgment are affirmed.

The defendant represented to the court during plea proceedings on October 12, 1988, that he was 16 years old and represented to the court during plea proceedings on December 7, 1989, that he was born on July 6, 1972. The probation report also states that the defendant was born on July 6, 1972. The defendant was therefore 16 years of age at the time of, and criminally responsible for, all the crimes charged in the various indictments filed against him (see, Penal Law § 30.00). Accordingly, the sentencing court did not err in rejecting the defendant's unsubstantiated claim, raised for the first time at sentencing on May 16, 1990, that he was born on July 6, 1973, and was not criminally responsible for the crimes that he allegedly committed in 1988, and the first half of 1989 (see, United States v Alvarez-Porras, 643 F.2d 54, 66-67, cert denied sub nom. Garcia-Perez v United States, 454 U.S. 839).

We have examined the defendant's remaining argument and find it to be unpreserved for appellate review, and, in any event, without merit (see, People v Kryminski, 154 A.D.2d 549). Mangano, P.J., Rosenblatt, Ritter and Santucci, JJ., concur.