| People v Bell |
| 2008 NY Slip Op 08915 [56 AD3d 1227] |
| November 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Sabrina L.Bell, Appellant. |
—[*1] Donald H. Dodd, District Attorney, Oswego (Michael G. Cianfarano of counsel), forrespondent.
Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), renderedSeptember 12, 2007. The judgment convicted defendant, upon her plea of guilty, of burglary inthe second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, ofburglary in the second degree (Penal Law § 140.25 [1] [b]). Contrary to the contention ofdefendant, County Court did not abuse its discretion in denying her request for youthful offenderstatus, and we decline her request that this Court exercise its interest of justice jurisdiction toadjudicate her a youthful offender (seePeople v Potter, 13 AD3d 1191 [2004], lv denied 4 NY3d 889 [2005]). Wereject defendant's further contention that the court erred in refusing to recuse itself (seePeople v Remp, 294 AD2d 823, 823-824 [2002], lv denied 98 NY2d 771 [2002]), aswell as defendant's challenge to the severity of the sentence. Present—Hurlbutt, J.P.,Martoche, Smith, Fahey and Peradotto, JJ.