The People, etc., respondent, v. Rahjon Morrow, appellant. (2011)

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

The People, etc., respondent, v. Rahjon Morrow, appellant.

2009–00854 (Ind.No. 10580 /08)

Decided: May 31, 2011

WILLIAM F. MASTRO, J.P. CHERYL E. CHAMBERS PLUMMER E. LOTT JEFFREY A. COHEN, JJ.

Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel; Gamaliel Marrero on the brief), for respondent.

Argued—February 25, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered January 16, 2009, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant argues that his sentence is excessive and that the Supreme Court improvidently exercised its discretion in denying him youthful offender treatment. However, because the defendant received the sentence for which he expressly bargained, which did not include youthful offender treatment, he has no basis to complain on appeal (see People v. Joseph, 50 AD3d 1159, 1160; People v. Gray, 46 AD3d 703, 704; People v. Kazepis, 101 A.D.2d 816, 817). In any event, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80). Further, the Supreme Court providently exercised its discretion in denying the defendant youthful offender treatment (see CPL 720.20[1][a]; People v. James, 78 AD3d 965; People v. Huffman, 47 AD3d 646).

MASTRO, J.P., CHAMBERS, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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