People v Jayden A.

2018 NY Slip Op 02221 [159 AD3d 1284]

March 29, 2018

Appellate Division, Third Department

As corrected through Wednesday, May 2, 2018

[*1]

The People of the State of New York,Respondent, v Jayden A., Appellant.

Rural Law Center of New York, Castleton (Cynthia Feathers of counsel), for appellant.

Jason M. Carusone, District Attorney, Lake George (Rebecca Nealon of counsel), forrespondent.

Aarons, J. Appeal from a judgment of the County Court of Warren County (Hall Jr., J.),rendered October 20, 2016, (1) convicting defendant upon his plea of guilty of the crime ofcriminal possession of stolen property in the fourth degree, and (2) which sentenced defendantupon his conviction as a youthful offender.

Defendant was 16 years old when he pleaded guilty to two counts of burglary in the thirddegree arising from incidents occurring in January and April 2016. Although no particularsentencing commitment was made, County Court agreed to consider adjudicating defendant ayouthful offender and to sentence him to concurrent terms of 11/3 to 4 years inprison. Prior to sentencing, defendant pleaded guilty to criminal possession of stolen property inthe fourth degree as the result of an incident occurring in July 2016.^[FN*] County Court again expressed its willingness toconsider adjudicating defendant a youthful offender and to sentence him to 11/3 to4 years in prison, to run concurrently to the sentences imposed on the burglary convictions. Atsentencing, County Court adjudicated defendant a youthful offender with respect to the burglaryconvictions and sentenced him to [*2]concurrent prison terms of11/3 to 4 years. The court, however, declined to adjudicate him a youthful offenderwith respect to his conviction of criminal possession of stolen property in the fourth degree andsentenced him to 11/3 to 4 years in prison, to run concurrently with the sentencesimposed on the burglary convictions. Defendant now appeals.

Defendant asserts that County Court erroneously refused to adjudicate him a youthfuloffender on his conviction of criminal possession of stolen property in the fourth degree. Wedisagree. CPL 720.20 (1) (a) vests County Court with the discretion to adjudicate an eligibleyouth a youthful offender if "in the opinion of the court the interest of justice would be served byrelieving the eligible youth from the onus of a criminal record." As this Court has recognized,"the decision to grant or deny youthful offender status rests within the sound exercise of thesentencing court's discretion and, absent a clear abuse of that discretion, its decision will not bedisturbed" (People v Strong, 152AD3d 1076, 1077 [2017] [internal quotation marks, brackets and citations omitted]; see People v Wolcott, 154 AD3d1001, 1001 [2017]). Here, the court determined that a youthful offender adjudication was notwarranted after carefully considering the defendant's seven-month course of criminal conduct andhis background. Specifically, the court took into consideration defendant's prior burglaryconvictions, which involved his entry into a private residence and use of an air-soft pistol, his useof a stolen credit card after appearing in court and spending time in jail on the burglary charges,as well as his prior juvenile and substance abuse history. Under the circumstances presented, wecannot conclude that County Court abused its discretion in denying defendant youthful offenderstatus on his conviction of criminal possession of stolen property in the fourth degree (see People v Green, 128 AD3d1282, 1283 [2015]; People vDaniels, 106 AD3d 1189, 1190 [2013], lv denied 21 NY3d 1014 [2013]).

Egan Jr., J.P., Clark, Mulvey and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.

Footnote *:Although defendant waived hisright to appeal, the parties agreed that it did not encompass his potential adjudication as ayouthful offender.