People v. Smith

Appeal from a judgment of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), rendered September 2, 2004. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of robbery in the first degree (Penal Law § 160.15 [4]), defendant contends that Supreme Court abused its discretion in denying his application for youthful offender status. Defendant failed to preserve his contention…