People v Wright

2007 NY Slip Op 07469 [44 AD3d 692]

October 2, 2007

Appellate Division, Second Department

As corrected through Wednesday, December 12, 2007

86—The People of the State of New York,Respondent, v Joseph A. Wright, Appellant.

—[*1]David Goodman, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Heather A. Ryan of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.),rendered July 6, 2005, convicting him of robbery in the second degree, upon his plea of guilty,and imposing sentence.

Ordered that the judgment is affirmed.

The County Court providently exercised its discretion in denying the defendant's request foryouthful offender status, given that, inter alia, the defendant, who had a prior criminal record,displayed what appeared to be a handgun during this premeditated robbery (see CPL720.10, 720.20; People v Moralez, 267 AD2d 334 [1999]; People v Johnson, 220AD2d 775, 776 [1995]; People v Vera, 206 AD2d 494 [1994]). Rivera, J.P., Krausman,Florio, Carni and Balkin, JJ., concur.