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People v. Hilaire

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2008
48 A.D.3d 834 (N.Y. App. Div. 2008)

Opinion

No. 2006-08872.

February 26, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Holdman, J.), rendered August 17, 2006, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel; Rami A. Yomtov on the brief), for respondent.

Before: Rivera, J.P., Lifson, Angiolillo and Balkin, JJ.


Ordered that the judgment is affirmed.

The defendant's contention that the Supreme Court should have granted him youthful offender treatment is unpreserved for appellate review, since he failed to move to withdraw his plea on this ground ( see People v Huffman, 47 AD3d 646; People v Stokes, 28 AD3d 592; People v Thompson, 16 AD3d 603, 604; People v Greene, 13 AD3d 647, 647-648). In any event, the denial of youthful offender treatment was a provident exercise of discretion ( see People v Small, 7 AD3d 819).


Summaries of

People v. Hilaire

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2008
48 A.D.3d 834 (N.Y. App. Div. 2008)
Case details for

People v. Hilaire

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KARL ST. HILAIRE…

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

Date published: Feb 26, 2008

Citations

48 A.D.3d 834 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 1788
851 N.Y.S.2d 362