Opinion
992 KA 19-01821
11-12-2021
The PEOPLE of the State of New York, Respondent, v. Simeon J. MCDANIELS, Defendant-Appellant.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, TROUTMAN, WINSLOW, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
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 two counts of robbery in the second degree ( Penal Law § 160.10 [1], [2] [a] ). We decline to grant defendant's request that we exercise our interest of justice jurisdiction to adjudicate him a youthful offender. Considering the "broad range of factors pertinent to any youthful offender determination" ( People v. Middlebrooks , 25 N.Y.3d 516, 527, 14 N.Y.S.3d 296, 35 N.E.3d 464 [2015] ; see People v. Cruickshank , 105 A.D.2d 325, 334, 484 N.Y.S.2d 328 [3d Dept. 1985], affd 67 N.Y.2d 625, 499 N.Y.S.2d 663, 490 N.E.2d 530 [1986] ), we conclude that defendant should not be afforded youthful offender status under the circumstances of this case. Defendant participated in an admittedly violent crime, he received a prior youthful offender adjudication, he violated the terms of the plea agreement here, and the presentence report did not recommend youthful offender status (see People v. Abdul-Jaleel , 142 A.D.3d 1296, 1298-1299, 38 N.Y.S.3d 645 [4th Dept. 2016], lv denied 29 N.Y.3d 946, 54 N.Y.S.3d 377, 76 N.E.3d 1080 [2017] ). Contrary to defendant's further contention, the period of postrelease supervision is not unduly harsh or severe.