People v. Small

Appellate Division of the Supreme Court of New York

People v. Small

7 A.D.3d 819, 776 N.Y.S.2d 809, 2004 N.Y. App. Div. LEXIS 7254

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 24, 2004

StatusPublished

Cited by6 cases

This text of 7 A.D.3d 819 (People v. Small) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Small, 7 A.D.3d 819, 776 N.Y.S.2d 809, 2004 N.Y. App. Div. LEXIS 7254 (N.Y. Ct. App. 2004).

Pincite

Opinion

Appeal by the defen-

dant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered March 13, 2002, 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’s argument that the sentencing court should have granted him youthful offender treatment is unpreserved for appellate review, since he failed to object or to move to withdraw his plea on this ground (see People v Bermudez, 177 AD2d 323 [1991]). In any event, under the circumstances of this case, the denial of youthful offender treatment was a provident exercise of discretion.

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). Ritter, J.P., S. Miller, Townes, Crane and Rivera, JJ., concur.

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