People v. Nesbitt

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered December 18, 2003. The judgment convicted defendant, upon his plea of guilty, of attempted rape in the second 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 a plea of guilty of attempted rape in the second degree (Penal Law §§ 110.00, 130.30 [2]), defendant contends that County Court abused its discretion in denying his request for youthful offender status. Defendant failed to preserve his…