NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
February 11, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
BRANDON WEST, APPELLANT.
Appeal from a judgment of the Monroe County Court (John R. Schwartz, A.J.), rendered November 19, 2007. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree and menacing in the second degree.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 ) and menacing in the second degree (§ 120.14 ). Defendant failed to preserve for our review his contention that County Court erred in agreeing with the People that he should not be adjudicated a youthful offender and, in any event, that contention lacks merit (see People v Daniels, 20 AD3d 940 , lv denied 5 NY3d 805 ; People v Mauricio, 8 AD3d 1089, 1090 , lv denied 3 NY3d 678 ). Likewise, the contention of defendant that he was prejudiced by prosecutorial misconduct is unpreserved for our review (see People v Gordon, 277 AD2d 1053 , lv denied 96 NY2d 759 ), and it lacks merit.
Present---Smith, J.P., Fahey, Carni and Green, JJ.
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