THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. BRANDON WEST DEFENDANT APPELLANT (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRANDON WEST, DEFENDANT-APPELLANT.

KA 07-02561

Decided: February 11, 2010

PRESENT: SMITH, J.P., FAHEY, CARNI, AND GREEN, JJ.

KRISTIN F. SPLAIN, CONFLICT DEFENDER, ROCHESTER (RICHARD W. YOUNGMAN OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (NANCY A. GILLIGAN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03[3] ) and menacing in the second degree (§ 120.14[1] ). Defendant failed to preserve for our review his contention that County Court erred in agreeing with the People that he should not be adjudicated a youthful offender and, in any event, that contention lacks merit (see People v. Daniels, 20 AD3d 940, lv denied 5 NY3d 805; People v. Mauricio, 8 AD3d 1089, 1090, lv denied 3 NY3d 678). Likewise, the contention of defendant that he was prejudiced by prosecutorial misconduct is unpreserved for our review (see People v. Gordon, 277 A.D.2d 1053, lv denied 96 N.Y.2d 759), and it lacks merit.

Patricia L. Morgan

Clerk of the Court

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