| People v Morrow |
| 2011 NY Slip Op 04709 [84 AD3d 1412] |
| May 31, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Rahjon Morrow, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'HaraGillespie of counsel; Gamaliel Marrero on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango,J.), rendered January 16, 2009, convicting him of criminal possession of a weapon in the seconddegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant argues that his sentence is excessive and that the Supreme Courtimprovidently exercised its discretion in denying him youthful offender treatment. However,because the defendant received the sentence for which he expressly bargained, which did notinclude youthful offender treatment, he has no basis to complain on appeal (see People vJoseph, 50 AD3d 1159, 1160 [2008]; People v Gray, 46 AD3d 703, 704 [2007];People v Kazepis, 101 AD2d 816, 817 [1984]). In any event, the sentence imposed wasnot excessive (see People v Suitte, 90 AD2d 80 [1982]). Further, the Supreme Courtprovidently exercised its discretion in denying the defendant youthful offender treatment(see CPL 720.20 [1] [a]; People v James, 78 AD3d 965 [2010]; People vHuffman, 47 AD3d 646 [2008]). Mastro, J.P., Chambers, Lott and Cohen, JJ., concur.