Opinion
239 KA 14–00974
03-16-2018
The PEOPLE of the State of New York, Respondent, v. Tajeron WILLIAMS, Defendant–Appellant.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (LINDA M. CAMPBELL OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (LINDA M. CAMPBELL OF COUNSEL), FOR DEFENDANT–APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, AND NEMOYER, JJ.
MEMORANDUM AND ORDER
Memorandum:
We previously held this case, reserved decision, and remitted the matter to County Court to determine and state for the record whether defendant is a youthful offender ( People v. Williams, 148 A.D.3d 1701, 1702, 49 N.Y.S.3d 807 [4th Dept. 2017] ; see generally People v. Middlebrooks, 25 N.Y.3d 516, 525–527, 14 N.Y.S.3d 296, 35 N.E.3d 464 [2015] ; People v. Rudolph, 21 N.Y.3d 497, 499–501, 974 N.Y.S.2d 885, 997 N.E.2d 457 [2013] ). Upon remittal, the court determined that defendant is not an eligible youth because he was convicted of robbery in the first degree ( Penal Law § 160.15 [4] ), an armed felony offense (see CPL 720.10[2][a][ii] ), and neither of the factors set forth in CPL 720.10(3) applies (see People v. Lewis, 128 A.D.3d 1400, 1400, 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] ). We conclude that the court's determination does not constitute an abuse of its discretion (see generally Middlebrooks, 25 N.Y.3d at 526–527, 14 N.Y.S.3d 296, 35 N.E.3d 464 ; People v. Garcia, 84 N.Y.2d 336, 342–343, 618 N.Y.S.2d 621, 642 N.E.2d 1077 [1994] ). We decline to grant defendant's request that we exercise our interest of justice jurisdiction to determine that mitigating circumstances exist pursuant to CPL 720.10(3)(i) and to adjudicate him a youthful offender (see People v. Hall, 130 A.D.3d 1495, 1496, 11 N.Y.S.3d 498 [4th Dept. 2015], lv denied 26 N.Y.3d 968, 18 N.Y.S.3d 604, 40 N.E.3d 582 [2015] ; Lewis, 128 A.D.3d at 1400–1401, 7 N.Y.S.3d 800 ; cf. People v. Amir W., 107 A.D.3d 1639, 1640–1641, 969 N.Y.S.2d 289 [4th Dept. 2013] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.