PEOPLE v. STANLEY (2007)

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

The PEOPLE, etc., respondent, v. Julian STANLEY, appellant.

Decided: March 27, 2007

ROBERT W. SCHMIDT, J.P., WILLIAM F. MASTRO, DAVID S. RITTER, STEVEN W. FISHER, and MARK C. DILLON, JJ.

Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel; Melissa J. Erwin on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Balter, J.), rendered January 24, 2005, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant pleaded guilty with the understanding that he would not receive youthful offender treatment, and he failed to object or move to withdraw his plea on this ground. Accordingly, his contention that the court should have granted him youthful offender treatment is unpreserved for appellate review (see People v. Ciminera, 202 A.D.2d 684, 685, 612 N.Y.S.2d 874; see also People v. Small, 7 A.D.3d 819, 776 N.Y.S.2d 809; People v. Fryer, 2 A.D.3d 874, 769 N.Y.S.2d 746). In any event, under the circumstances of this case, the denial of youthful offender treatment was a provident exercise of discretion.

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