People v St. Hilaire
2008 NY Slip Op 01788 [48 AD3d 834]
February 26, 2008
Appellate Division, Second Department
As corrected through Wednesday, April 16, 2008


The People of the State of New York, Respondent,
v
KarlSt. Hilaire, Appellant.

[*1]Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Rossof counsel; Rami A. Yomtov on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Holdman,J.), rendered August 17, 2006, convicting him of criminal possession of a weapon in the thirddegree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the Supreme Court should have granted him youthfuloffender treatment is unpreserved for appellate review, since he failed to move to withdraw hisplea on this ground (see People v Huffman, 47 AD3d 646 [2008]; People v Stokes,28 AD3d 592 [2006]; People v Thompson, 16 AD3d 603, 604 [2005]; People vGreene, 13 AD3d 647, 647-648 [2004]). In any event, the denial of youthful offendertreatment was a provident exercise of discretion (see People v Small, 7 AD3d 819[2004]). Rivera, J.P., Lifson, Angiolillo and Balkin, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.