THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DAMIEN JOST DEFENDANT APPELLANT (2016)

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DAMIEN D. JOST, DEFENDANT–APPELLANT.

KA 14–01672

Decided: July 01, 2016

PRESENT: PERADOTTO, J.P., CARNI, CURRAN, TROUTMAN, AND SCUDDER, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SUSAN C. MINISTERO OF COUNSEL), FOR DEFENDANT–APPELLANT. JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (KATHERINE BOGAN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of disseminating indecent materials to minors in the first degree (Penal Law § 235.22). We conclude that County Court did not abuse its discretion in refusing to grant defendant youthful offender status (see People v. Jackson, 126 AD3d 1508, 1511–1512). In addition, under the circumstances of this case, including defendant's prior adjudication for similar conduct, we decline to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender (see e.g. People v. Potter, 13 AD3d 1191, 1191, lv denied 4 NY3d 889; cf. People v. Shrubsall, 167 A.D.2d 929, 929–931). Finally, we reject defendant's contention that the sentence is unduly harsh and severe.

Frances E. Cafarell

Clerk of the Court

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