Opinion
1994-07553, 1994-07554, 1994-07555, 1994-07556, 1994-07557, 1994-07558, 1994-07559
Argued February 6, 2003.
February 24, 2003.
Appeals by the defendant from seven judgments of the Supreme Court, Queens County (Browne, J.), all rendered July 23, 1993, convicting him of robbery in the first degree (one count each under Indictment Nos. 1851/92, 1852/92, 1853/92, 1970/92, 1971/92, 1972/92, and 2620/92), upon his pleas of guilty, and imposing sentences.
Steven R. Kartagener, New York, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Jessica L. Melton of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgments are affirmed.
Contrary to the defendant's contention, he was not eligible for youthful offender treatment. Since the defendant was convicted of armed felonies (see CPL 1.20[b]; Penal Law §§ 70.02[a], 160.15), he could only be adjudicated a youthful offender if "mitigating circumstances" exist "that bear directly upon the manner in which the crime was committed," or if his participation in the crimes was "relatively minor" (CPL 720.10[i], [ii]). Here, the defendant offered the sentencing court no evidence of mitigating circumstances relating to the manner in which the subject robberies were committed, and his role in the robberies was not minor. Accordingly, he could not be adjudicated a youthful offender (see People v. Fields, 287 A.D.2d 577, 578; People v. Victor J., 283 A.D.2d 205; People v. Boyd, 254 A.D.2d 740, 741; People v. Cuatle, 212 A.D.2d 625).
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.