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People v. Noboa

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2001
280 A.D.2d 558 (N.Y. App. Div. 2001)

Opinion

Submitted January 17, 2001.

February 13, 2001.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered July 1, 1999, convicting him of attempted robbery in the third degree, upon his plea of guilty, and imposing sentence.

Robert C. Mitchell, Riverhead, N.Y. (Gregory J. Neilon of counsel), for appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N Y (Thomas C. Costello of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the sentencing court should have granted him youthful offender status is unpreserved for appellate review, since he failed to object or move to withdraw his plea on this ground (see, People v. Moralez, 267 A.D.2d 334; People v. Maybeck, 157 A.D.2d 861). In any event, given that the defendant inflicted upon his victim serious injuries that required hospitalization, the court providently exercised its discretion in denying him youthful offender treatment (see, People v. Granton, 236 A.D.2d 624; People v. Vera, 206 A.D.2d 494).


Summaries of

People v. Noboa

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2001
280 A.D.2d 558 (N.Y. App. Div. 2001)
Case details for

People v. Noboa

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. CHRISTIAN NOBOA, APPELLANT. (IND. NO…

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

Date published: Feb 13, 2001

Citations

280 A.D.2d 558 (N.Y. App. Div. 2001)
720 N.Y.S.2d 396

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