THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DAMIAN BRANTLEY DEFENDANT APPELLANT (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DAMIAN BRANTLEY, DEFENDANT-APPELLANT.

KA 10-00122

Decided: December 30, 2010

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, AND SCONIERS, JJ.

RONALD C. VALENTINE, PUBLIC DEFENDER, LYONS (MARY P. DAVISON OF COUNSEL), FOR DEFENDANT-APPELLANT. RICHARD M. HEALY, DISTRICT ATTORNEY, LYONS (CHRISTOPHER BOKELMAN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2] ) and escape in the second degree (§ 205.10[2] ), defendant contends that County Court abused its discretion in denying his request for youthful offender status. We reject that contention (see People v. Randleman, 60 AD3d 1358, lv denied 12 NY3d 919; People v. Syrell, 42 AD3d 947, 948), and we decline to grant the further request of defendant that, even in the absence of an abuse of discretion, we exercise our interest of justice jurisdiction to adjudicate him a youthful offender (see Randleman, 60 AD3d 1358; cf. People v. Shrubsall, 167 A.D.2d 929, 930-931).

Patricia L. Morgan

Clerk of the Court

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