| People v Parker |
| 2009 NY Slip Op 08360 [67 AD3d 1405] |
| November 13, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v ChristopherParker, Appellant. |
—[*1]
Michael C. Green, District Attorney, Rochester (Loretta S. Courtney of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (John R. Schwartz, A.J.), renderedJuly 24, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted burglaryin the first degree.
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 ofattempted burglary in the first degree (Penal Law §§ 110.00, 140.30 [4]). Althoughdefendant is correct that County Court at sentencing failed to address his request to beadjudicated a youthful offender (see generally CPL 720.20 [1]), we conclude that anyerror in the court's failure to do so is harmless because the record establishes that defendant wasnot in fact eligible for youthful offender treatment (see generally People v Orcutt, 51 AD3d 1404, 1405 [2008]).Defendant was convicted of an armed felony (see CPL 720.10 [2] [a] [ii]), and theexceptions set forth in CPL 720.10 (3) do not apply (see Orcutt, 51 AD3d at 1405; cf. People v Tyquan S., 54 AD3d1062 [2008]). Specifically, " 'defendant offered the sentencing court no evidence ofmitigating circumstances relating to the manner in which the subject [crime was] committed, andhis role in the [crime] was not minor. Accordingly, he could not be adjudicated a youthfuloffender' " (People v Crawford, 55AD3d 1335, 1336 [2008], lv denied 11 NY3d 896 [2008]). Present—Hurlbutt,J.P., Centra, Fahey, Carni and Pine, JJ.