Opinion
926 KA 17-01694
11-19-2021
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LEONARD E. HAHN, IV, ALSO KNOWN AS LEONARD E. HAHN, JR., ALSO KNOWN AS LEONARD HAHN, IV, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JOHN J. MORRISSEY OF COUNSEL), FOR DEFENDANT-APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JOHN J. MORRISSEY OF COUNSEL), FOR DEFENDANT-APPELLANT.
LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (ROBERT J. SHOEMAKER OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., LINDLEY, CURRAN, TROUTMAN, AND DEJOSEPH, JJ.
Appeal from a judgment of the Genesee County Court (Charles N. Zambito, J.), rendered May 12, 2017. The judgment convicted defendant, upon his plea of guilty, of rape in the first 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 rape in the first degree (Penal Law § 130.35 [3]). Even assuming, arguendo, that defendant's waiver of the right to appeal is invalid and thus does not preclude his challenges to the youthful offender determination or to the severity of the sentence (see People v Wilson, 197 A.D.3d 1006, 1007 [4th Dept 2021]; People v Kingdollar, 196 A.D.3d 1146, 1147 [4th Dept 2021]), we conclude that defendant's challenges are without merit. County Court did not abuse its discretion in refusing to afford defendant youthful offender status (see People v Spencer, 197 A.D.3d 1004, 1005 [4th Dept 2021]; People v Koons, 187 A.D.3d 1638, 1638 [4th Dept 2020]) and we decline to exercise our discretion in the interest of justice to grant him that status (see Spencer, 197 A.D.3d at 1005). Further, the sentence is not unduly harsh or severe.