| People v Randleman |
| 2009 NY Slip Op 02080 [60 AD3d 1358] |
| March 20, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Troy F.Randleman, Appellant. |
—[*1] R. Michael Tantillo, District Attorney, Canandaigua (Jeffrey L. Taylor of counsel), forrespondent.
Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), renderedSeptember 19, 2006. The judgment convicted defendant, upon his plea of guilty, of robbery inthe third degree (two counts).
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 oftwo counts of robbery in the third degree (Penal Law § 160.05). The contention ofdefendant that County Court abused its discretion in denying his request for youthful offenderstatus is without merit. It is well established that the decision whether to grant youthful offenderstatus " 'rests within the sound discretion of the court and depends upon all the attending factsand circumstances of the case' " (People v Shrubsall, 167 AD2d 929, 930 [1990]). Therecord reflects that the court "carefully considered the request to be considered a youthfuloffender and stated the reasons for its denial" of that request (People v Williams, 37 AD3d 1193, 1194 [2007]). We decline toexercise our interest of justice jurisdiction to adjudicate defendant a youthful offender (see People v Martinez, 55 AD3d1334 [2008]; People v Bosse,23 AD3d 1063 [2005], lv denied 6 NY3d 809 [2006]). Present—Martoche,J.P., Smith, Centra, Fahey and Pine, JJ.