Opinion
06-09-2017
Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester, for respondent.
Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester, for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, two counts of robbery in the first degree (Penal Law § 160.15[1], [3] ) and one count of assault in the first degree (§ 120.10[1] ). Contrary to defendant's contention, we conclude that the court did not abuse its discretion in refusing to grant him youthful offender status (see People v. Mohawk, 142 A.D.3d 1370, 1371, 38 N.Y.S.3d 469 ; People v. Green, 128 A.D.3d 1282, 1283, 9 N.Y.S.3d 742 ). Furthermore, upon our review of the record, we see no reason to exercise our own discretion in the interest of justice to adjudicate defendant a youthful offender. Finally, the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., SMITH, PERADOTTO, and CARNI, JJ., concur.