Opinion
No. 620 KA 19-01387
09-27-2024
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DAVID JOHNSON, DEFENDANT-APPELLANT. (APPEAL NO. 1.)
SARAH S. HOLT, CONFLICT DEFENDER, ROCHESTER (KATHLEEN P. REARDON OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
SARAH S. HOLT, CONFLICT DEFENDER, ROCHESTER (KATHLEEN P. REARDON OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CURRAN, GREENWOOD, NOWAK, AND KEANE, JJ.
Appeal from a judgment of the Monroe County Court (Douglas A. Randall, J.), rendered March 12, 2019. The judgment convicted defendant upon his plea of guilty of robbery in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the second degree (Penal Law § 160.10 [1]). Contrary to defendant's contention, County Court did not abuse its discretion in declining to adjudicate defendant a youthful offender, particularly in view of the circumstances of the offense (see People v Graham, 218 A.D.3d 1359, 1360 [4th Dept 2023], lv denied 40 N.Y.3d 1039 [2023]). In addition, upon our review of the record, we decline to exercise our discretion in the interest of justice to adjudicate defendant a youthful offender (see id.; People v Mohawk, 142 A.D.3d 1370, 1371 [4th Dept 2016]). Finally, the sentence is not unduly harsh or severe.