From Casetext: Smarter Legal Research

People v. Wilson

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 2003
306 A.D.2d 212 (N.Y. App. Div. 2003)

Opinion

1528

June 26, 2003.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered May 9, 2001, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of 3½ years, unanimously affirmed.

Christopher Wilson, for respondent.

Annamatesha N. Beason, for defendant-appellant.

Before: Nardelli, J.P., Mazzarelli, Saxe, Rosenberger, Friedman, JJ.


Defendant's waiver of his right to appeal forecloses our interest of justice review of his sentencing claims (People v. Seaberg, 74 N.Y.2d 1, 9-10). In any event, were we to find that review was not foreclosed, we would find that the court properly denied youthful offender treatment. Since defendant was convicted of an armed felony under Penal Law § 160.10(2)(b), he is not eligible for such treatment because he has not shown mitigating circumstances which bear directly upon the manner in which the crime was committed, as required by CPL 720.10(2)(a)(ii) and 720.10(3). Moreover, even if defendant were eligible, denial of youthful offender treatment would be appropriate in light of the violent nature of the crime.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Wilson

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 2003
306 A.D.2d 212 (N.Y. App. Div. 2003)
Case details for

People v. Wilson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEREMIAH WILSON…

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

Date published: Jun 26, 2003

Citations

306 A.D.2d 212 (N.Y. App. Div. 2003)
761 N.Y.S.2d 230

Citing Cases

People v. Williams

Judgment, Supreme Court, New York County (Miriam R. Best, J.), rendered May 31, 2022, convicting defendant,…

People v. Williams

Defendant made a valid waiver of his right to appeal (see generally People v Thomas, 34 N.Y.3d 545 [2019],…