People v. Cuatle

212 A.D.2d 625, 623 N.Y.S.2d 141

Opinion

—Appeal by the defendant from two judgments of the Supreme Court, Queens County (Clabby, J.), both rendered October 6, 1993, convicting him of robbery in the first degree (two counts; one as to each indictment), upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The Supreme Court properly refused to treat the defendant as a youthful offender. The defendant stood convicted of an armed felony and presented no evidence of mitigating circumstances or that he was a "minor” participant in the crime. Therefore, he was not entitled to youthful offender treatment (see, CPL 720.10 [3]).

Additionally, the defendant received the bargained-for sentences and, therefore, has no cause to complain that the sentences imposed are excessive (see, People v Kazepis, 101 AD2d 816, 817). Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.