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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH McNEIL, Appellant.

Ordered that the judgment is affirmed.

The sentencing court did not abuse its discretion in declining to adjudicate the defendant a youthful offender (see, CPL 720.10; People v. Jordan, 115 A.D.2d 622; People v. Williams, 78 A.D.2d 642). Inasmuch as the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed, he has no basis to now complain that the sentence imposed was excessive (see, People v. Robinson, 105 A.D.2d 762; People v. Taper, 105 A.D.2d 813, 814; People v Kazepis, 101 A.D.2d 816, 817). Thompson, J.P., Niehoff, Weinstein, Kunzeman and Spatt, JJ., concur.

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PEOPLE v. McNEIL
(Feb 23, 1987)