THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. BRANDON HALL DEFENDANT APPELLANT (2015)

MEMORANDUM AND ORDER

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

Memorandum:  We previously held this case, reserved decision, and remitted the matter to County Court to make and state for the record its determination whether defendant is a youthful offender (People v. Hall, 119 AD3d 1349, 1350).   Upon remittal the court, after considering the appropriate factors (see People v. Cruickshank, 105 A.D.2d 325, 334, affd sub nom.  People v. Dawn Maria Co., 67 N.Y.2d 625), refused to grant defendant youthful offender status.   We conclude that the court did not thereby abuse its discretion (see People v. Johnson, 109 AD3d 1191, 1191–1192, lv denied 22 NY3d 997), and we decline to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender (see generally People v. Shrubsall, 167 A.D.2d 929, 930–931).   The sentence is not unduly harsh or severe.

Frances E. Cafarell

Clerk of the Court