Opinion
KA 01-01882
November 15, 2002.
Appeal from a judgment of Genesee County Court (Noonan, J.), entered July 19, 2001, convicting defendant upon his plea of guilty of assault in the second degree.
GARY A. HORTON, PUBLIC DEFENDER, BATAVIA (BRIDGET L. FIELD OF COUNSEL), FOR DEFENDANT-APPELLANT.
LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA, FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., HAYES, HURLBUTT, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the second degree (Penal Law § 120.05), arising from his participation with three codefendants in the prolonged beating of the victim. Having considered all the facts and circumstances of this case, we conclude that County Court did not abuse its discretion in denying defendant's request for youthful offender status ( see People v. Smith, 286 A.D.2d 878, lv denied 98 N.Y.2d 641; see generally CPL 720.20 [a]; People v. Cruickshank, 105 A.D.2d 325, 333-334, affd sub nom. People v. Dawn Maria C., 67 N.Y.2d 625). We decline to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender ( cf. People v. Shrubsall, 167 A.D.2d 929, 930-931). The sentence is neither unduly harsh nor severe.