| People v Pinheiro |
| 2007 NY Slip Op 07728 [44 AD3d 798] |
| October 9, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Tristan Pinheiro, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel ofcounsel; Seth Zuckerman on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Walsh, J.),rendered April 20, 2004, convicting him of sexual abuse in the first degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the sentencing court should have adjudicated him a youthfuloffender is unpreserved for appellate review, since he failed to object or move to withdraw hisplea on that ground (see People vThompson, 16 AD3d 603 [2005]; People v Greene, 13 AD3d 647 [2004]; People v Small, 7 AD3d 819[2004]). In any event, under the circumstances of this case, the denial of youthful offendertreatment was a provident exercise of discretion. Miller, J.P., Ritter, Goldstein and Dickerson,JJ., concur.