THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. LAQUAN CRIMM DEFENDANT APPELLANT (2017)

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LAQUAN CRIMM, DEFENDANT–APPELLANT.

KA 10–02419

Decided: June 09, 2017

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, AND CARNI, JJ.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER, 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, inter alia, two counts of robbery in the first degree (Penal Law § 160.15[1], [3] ) and one count of assault in the first degree (§ 120.10 [1] ). Contrary to defendant's contention, we conclude that the court did not abuse its discretion in refusing to grant him youthful offender status (see People v. Mohawk, 142 AD3d 1370, 1371; People v. Green, 128 AD3d 1282, 1283). Furthermore, upon our review of the record, we see no reason to exercise our own discretion in the interest of justice to adjudicate defendant a youthful offender. Finally, the sentence is not unduly harsh or severe.

Frances E. Cafarell

Clerk of the Court

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