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People v. Carter

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1988
143 A.D.2d 925 (N.Y. App. Div. 1988)

Opinion

October 24, 1988

Appeal from the County Court, Westchester County (West, J.).


Ordered that the judgments are affirmed.

The determination of whether to grant or deny youthful offender status rests within the sound discretion of the court after considering all the facts and circumstances of the case, and then only in the interests of justice (see, People v Ortega, 114 A.D.2d 912; CPL 720.20 [a]). In the instant case, the defendant was convicted of two separate crimes, both involving violence and physical injuries to the victims. The defendant showed no remorse. Upon a review of the record, it cannot be said that the sentencing court abused its discretion in denying youthful offender treatment to this defendant.

Furthermore, the record shows that the defendant knowingly and voluntarily pleaded guilty with the knowledge that he would receive the sentence that was actually imposed. Having received precisely the sentence that he bargained for, the defendant cannot now be heard to complain that it was excessive (People v Kazepis, 101 A.D.2d 816). Thompson, J.P., Lawrence, Rubin, Harwood and Balletta, JJ., concur.


Summaries of

People v. Carter

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1988
143 A.D.2d 925 (N.Y. App. Div. 1988)
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN R. CARTER…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 24, 1988

Citations

143 A.D.2d 925 (N.Y. App. Div. 1988)

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