| People v Huffman |
| 2008 NY Slip Op 00117 [47 AD3d 646] |
| January 8, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v NinaHuffman, Appellant. |
—[*1] Michael E. Bongiorno, District Attorney, New City, N.Y. (Argiro Kosmetatos of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.),rendered August 9, 2005, convicting her of criminal possession of a controlled substance in thethird degree, upon her plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's claim that she should have received youthful offender treatment isunpreserved for appellate review, as the defendant failed to object or to move to withdraw herplea on the issue of youthful offender treatment (see CPL 220.60 [3]; People v Small, 7 AD3d 819[2004]; People v Fryer, 2 AD3d874 [2003]; People v Moralez, 267 AD2d 334 [1999]; People v Corbin, 243AD2d 575 [1997]).
In any event, although the defendant was eligible for youthful offender treatment, as she was18 years old when she committed the offense, "eligibility alone does not mandate youthfuloffender treatment. The granting of such benefit lies wholly within the discretion of the court"(People v Polansky, 125 AD2d 342, 343 [1986]; see People v Williams, 78 AD2d642 [1980]). In light of the fact that the defendant and her codefendant were found to be inpossession of a significant amount of cocaine, as well as an assault rifle and ammunition that hadbeen purchased by the defendant, and the otherwise favorable plea agreement, the sentencingcourt did not improvidently exercise its discretion in denying her request for youthful offendertreatment. Mastro, J.P., Santucci, Dillon and Angiolillo, JJ., concur.