Opinion
KA 02-00066
March 21, 2003.
Appeal from a judgment of Ontario County Court (Doran, J.), entered November 20, 2001, convicting defendant upon his plea of guilty of, inter alia, course of sexual conduct against a child in the second degree.
ZIMMERMAN TYO, SHORTSVILLE (JOHN E. TYO Of Counsel), For Defendant-appellant.
R. MICHAEL TANTILLO, District Attorney, CANANDAIGUA (THOMAS D. REH Of Counsel), For Plaintiff-respondent.
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, GORSKI, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the second degree (Penal Law former § 130.80 [1] [a]) and incest (§ 255.25). Contrary to the contention of defendant, County Court did not abuse its discretion in denying his request for youthful offender status (see People v. Smith, 286 A.D.2d 878, lv denied 98 N.Y.2d 641). We decline to modify the terms of the order of protection, and the sentence is not unduly harsh or severe.