Opinion
KA 02-01080
July 3, 2003.
Appeal from a judgment of Monroe County Court (Marks, J.), entered April 5, 2002, convicting defendant upon his plea of guilty of robbery in the second degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT-APPELLANT.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (KELLY CHRISTINE WOLFORD OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: WISNER, J.P., HURLBUTT, BURNS, LAWTON, 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 robbery in the second degree (Penal Law 160.10). 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). The sentence is not unduly harsh or severe.