Opinion
07-02-2015
The PEOPLE of the State of New York, Respondent, v. Brandon S. HALL, Defendant–Appellant.
Charles T. Noce, Conflict Defender, Rochester (Kathleen P. Reardon of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
Charles T. Noce, Conflict Defender, Rochester (Kathleen P. Reardon of Counsel), for Defendant–Appellant.
Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
Opinion
MEMORANDUM:We previously held this case, reserved decision, and remitted the matter to County Court to make and state for the record its determination whether defendant is a youthful offender (People v. Hall, 119 A.D.3d 1349, 1350, 990 N.Y.S.2d 384 ). Upon remittal the court, after considering the appropriate factors (see People v. Cruickshank, 105 A.D.2d 325, 334, 484 N.Y.S.2d 328, affd. sub nom. People v. Dawn Maria Co., 67 N.Y.2d 625, 499 N.Y.S.2d 663, 490 N.E.2d 530 ), refused to grant defendant youthful offender status. We conclude that the court did not thereby abuse its discretion (see People v. Johnson, 109 A.D.3d 1191, 1191–1192, 971 N.Y.S.2d 723, lv. denied 22 N.Y.3d 997, 981 N.Y.S.2d 2, 3 N.E.3d 1170 ), and we decline to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender (see generally People v. Shrubsall, 167 A.D.2d 929, 930–931, 562 N.Y.S.2d 290 ). The sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., PERADOTTO, SCONIERS, and DeJOSEPH, JJ., concur.