| People v Lewis |
| 2008 NY Slip Op 02382 [49 AD3d 1290] |
| March 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v KathrynLewis, Appellant. |
—[*1] Richard M. Healy, District Attorney, Lyons, for respondent.
Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), renderedFebruary 21, 2006. The judgment convicted defendant, upon her plea of guilty, of robbery in thesecond degree and assault in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting her upon her plea of guilty of robberyin the second degree (Penal Law § 160.10 [1]) and assault in the second degree (§120.05 [6]), defendant contends that County Court abused its discretion in denying her requestfor youthful offender status. We reject that contention (see generally People v Washpun, 41 AD3d 1233 [2007], lvdenied 9 NY3d 883 [2007]), particularly in view of the violent nature of the crimes (seePeople v Mettler, 259 AD2d 834, 835 [1999]; People v Chapman, 227 AD2d 665[1996], lv denied 88 NY2d 934 [1996]). We further conclude that the statement of thecourt that it had considered the presentence report and the documents submitted by defendant andhad determined that youthful offender status would not be appropriate constitutes an adequateexplanation for the denial of defendant's request for such status (see People v DePugh, 16 AD3d1083, 1084 [2005]). Present—Scudder, P.J., Centra, Lunn, Fahey and Green, JJ.