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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY COLLINS, Appellant.

Ordered that the judgment is affirmed.

The defendant, with the advice and assistance of counsel, voluntarily pleaded guilty to the lesser count of a two-count indictment. Considering the seriousness of the lesser crime and the relatively short sentence imposed, it was not an improvident exercise of discretion to deny the defendant the additional benefit of youthful offender treatment (see, People v. Locke, 119 A.D.2d 834; People v. Walsh, 106 A.D.2d 419). The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). Mangano, J.P., Brown, Lawrence, Kooper and Harwood, JJ., concur.

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PEOPLE v. COLLINS
(Apr 17, 1989)