PEOPLE v. FICCHI (2009)

 Defendant appeals from a judgment convicting him upon his plea of guilty of sexual abuse in the first degree (Penal Law § 130.65 [2] ).   Defendant failed to preserve for our review his contention that County Court abused its discretion in failing to afford him youthful offender status, inasmuch as he did not request youthful offender status at the time of the plea proceeding or at sentencing (see People v. Capps, 63 A.D.3d 1632, 879 N.Y.S.2d 872;  People v. Fowler, 28 A.D.3d 1183, 817 N.Y.S.2d 543, lv. denied 7 N.Y.3d 788, 821 N.Y.S.2d 818, 854 N.E.2d 1282).   We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see Fowler, 28 A.D.3d at 1184, 817 N.Y.S.2d 543).   Contrary to defendant's contention, “[t]he statute requiring the court to make the [youthful offender] determination is not like those which by their terms, indicate it is the court's responsibility to alert the defendant or his lawyer to his rights or the detriment he may suffer” (People v. McGowen, 42 N.Y.2d 905, 906, 397 N.Y.S.2d 993, 366 N.E.2d 1347, rearg. denied 42 N.Y.2d 1015, 398 N.Y.S.2d 1033, 368 N.E.2d 289;  see People v. Cunningham, 238 A.D.2d 350, 656 N.Y.S.2d 66, lv. denied 90 N.Y.2d 857, 661 N.Y.S.2d 183, 683 N.E.2d 1057).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM: