PEOPLE v. CORBIN (1997)

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

The PEOPLE, etc., Respondent, v. Rashann CORBIN, Appellant.

Decided: October 14, 1997

Before ROSENBLATT, J.P., and O'BRIEN, THOMPSON, FRIEDMANN and GOLDSTEIN, JJ.

Robert C. Mitchell, Riverhead (George Grun, of counsel), for appellant. James M. Catterson, Jr., District Attorney, Riverhead (Joanne V. Smith, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weissman, J.), rendered January 29, 1996, convicting him of attempted reckless endangerment in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that he should have been adjudicated a youthful offender. At sentencing, the defendant did not move to withdraw his plea or otherwise object when the court denied his motion for youthful offender treatment. As a result, the defendant has waived his right to appellate review of this issue (see, People v. Maybeck, 157 A.D.2d 861, 551 N.Y.S.2d 807; People v. Woods, 143 A.D.2d 1068, 533 N.Y.S.2d 888; People v. Polansky, 125 A.D.2d 342, 509 N.Y.S.2d 71). In any event, the sentencing court did not improvidently exercise its discretion in denying the defendant youthful offender treatment in light of the facts and circumstances underlying the crime of which he was convicted (see, People v. Maybeck, supra).

MEMORANDUM BY THE COURT.

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