| People v Jock |
| 2009 NY Slip Op 09930 [68 AD3d 1816] |
| December 30, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Devin M.Jock, Appellant. |
—[*1] Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of counsel), forrespondent.
Appeal from a judgment of the Orleans County Court (Mark H. Dadd, J.), renderedNovember 5, 2008. The judgment convicted defendant, upon his plea of guilty, of attemptedburglary in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty ofattempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]), the solecontention of defendant is that County Court abused its discretion in denying his request foryouthful offender status. We reject that contention (see People v Smith, 286 AD2d 878[2001], lv denied 98 NY2d 641 [2002]). It is well established that the decision whetherto grant youthful offender status "rests within the sound discretion of the court and depends uponall the attending facts and circumstances of the case" (People v Shrubsall, 167 AD2d929, 930 [1990]). We decline to grant the further request of defendant that we exercise ourinterest of justice jurisdiction to adjudicate him a youthful offender (cf. id. at 930-931).Present—Centra, J.P., Peradotto, Carni, Pine and Gorski, JJ.