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People v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 22, 1990
162 A.D.2d 1048 (N.Y. App. Div. 1990)

Opinion

June 22, 1990

Appeal from the Onondaga County Court, Mulroy, J.

Present — Denman, J.P., Boomer, Pine, Balio and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting her of four counts each of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and fourth degrees, stemming from her sale of over 450 doses of LSD to an undercover police officer. She argues that the court erred in denying her youthful offender status. We disagree. The fact that defendant was only 18 years old and had no previous criminal record is not dispositive (see, People v. Jordan, 115 A.D.2d 622). The record clearly shows that the court considered the issue and we find no abuse of discretion (see, People v. Carter, 158 A.D.2d 851; People v. Belsito, 130 A.D.2d 583; People v. Williams, 124 A.D.2d 615, lv denied 69 N.Y.2d 751).

We have examined defendant's remaining arguments and find them lacking in merit.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 22, 1990
162 A.D.2d 1048 (N.Y. App. Div. 1990)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELANIE SMITH…

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

Date published: Jun 22, 1990

Citations

162 A.D.2d 1048 (N.Y. App. Div. 1990)