Opinion
404 KA 16–01831
04-24-2020
The PEOPLE of the State of New York, Respondent, v. Tashj Y. SIMPSON, also Known as Tahj Simpson, Defendant–Appellant.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (BENJAMIN L. NELSON OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (BENJAMIN L. NELSON OF COUNSEL), FOR DEFENDANT–APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CARNI, LINDLEY, CURRAN, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him following a nonjury trial of robbery in the second degree ( Penal Law § 160.10[2] ), defendant contends that Supreme Court abused its discretion in refusing to grant him youthful offender status. Preliminarily, we note that defendant asserts that the court properly made an initial determination that he is an eligible youth pursuant to subdivisions two and three of CPL 720.10 (cf. People v. Lofton, 29 N.Y.3d 1097, 1098, 59 N.Y.S.3d 305, 81 N.E.3d 839 [2017] ; People v. Middlebrooks, 25 N.Y.3d 516, 524–526, 14 N.Y.S.3d 296, 35 N.E.3d 464 [2015] ). Inasmuch as defendant does not challenge that determination on this appeal, we do not address it.
Contrary to defendant's contention, the court did not abuse its discretion in refusing to grant defendant youthful offender status (see People v. Lang, 178 A.D.3d 1362, 1363, 112 N.Y.S.3d 632 [4th Dept. 2019], lv . denied 34 N.Y.3d 1160, 120 N.Y.S.3d 271, 142 N.E.3d 1173, [2020] ; see generally People v. Minemier, 29 N.Y.3d 414, 421, 57 N.Y.S.3d 696, 80 N.E.3d 389 [2017] ). Additionally, having reviewed the applicable factors pertinent to a youthful offender determination (see People v. Keith B.J. , 158 A.D.3d 1160, 1160, 70 N.Y.S.3d 291 [4th Dept. 2018] ), we decline to exercise our interest of justice jurisdiction to grant him such status (see People v. Macon, 169 A.D.3d 1439, 1440, 92 N.Y.S.3d 812 [4th Dept. 2019], lv . denied 33 N.Y.3d 978, 101 N.Y.S.3d 224, 124 N.E.3d 713 [2019] ; People v. Lewis, 128 A.D.3d 1400, 1400–1401, 7 N.Y.S.3d 800 [4th Dept. 2015], lv . denied 25 N.Y.3d 1203, 16 N.Y.S.3d 526, 37 N.E.3d 1169 [2015] ; see also People v. Lindsey, 166 A.D.3d 1565, 1566, 87 N.Y.S.3d 774 [4th Dept. 2018], lv . denied 32 N.Y.3d 1206, 99 N.Y.S.3d 192, 122 N.E.3d 1105 [2019] ).