Opinion
November 12, 1991
Appeal from the Supreme Court, Bronx County (Daniel J. Sullivan, J.).
Defendant's argument that the sentencing court should have granted him youthful offender treatment is unpreserved, since defendant failed to move to withdraw his plea on this ground (People v. McHale, 165 A.D.2d 800, lv denied 76 N.Y.2d 1023). In any case, the court properly determined that defendant was not eligible for youthful offender status since he was convicted of an armed felony and there were no mitigating circumstances (CPL 720.10 [a] [ii]; [3]).
As the People concede, the maximum sentence that could be imposed on defendant as a juvenile offender for assault in the first degree is 2 1/3 to 7 years (Penal Law § 70.05), and we modify accordingly.
Concur — Sullivan, J.P., Milonas, Wallach and Kassal, JJ.