Memorandum: On appeal from a judgment convicting him, upon
his plea of guilty, of burglary in the first degree defendant contends that
County Court abused its discretion in failing to adjudicate him a youthful
offender. We reject that contention. The record establishes that the four perpetrators
invaded the home while the victims, including several small children, were
present, and they then pistol-whipped the adult male victim, bound the adult
female victim and urinated on her, stole property, and threatened to kill the
family. Notwithstanding his later protestations of minimal participation,
defendant admitted that he knew that a robbery was planned, and that he drove
the three codefendants to the victims’ home, took part in the crime, and retained
his share of the proceeds. Thus, we see no abuse of discretion in the court’s
denial of youthful offender status.