| People v Dawson |
| 2010 NY Slip Op 02308 [71 AD3d 1490] |
| March 19, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Eric S.Dawson, Also Known as Eric Dawson, Appellant. |
—[*1] Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), forrespondent.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), renderedJanuary 21, 2009. The judgment convicted defendant, upon his plea of guilty, of attempted rapein 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 rape in the second degree (Penal Law §§ 110.00, 130.30 [1]), defendantcontends that County Court abused its discretion in denying his request for youthful offenderstatus. We reject that contention (see People v Ariola [appeal No. 1], 15 AD3d 882[2005], amended on rearg 17 AD3d 1172 [2005], lv dismissed 5 NY3d 758[2005], lv denied 5 NY3d 784 [2005]). "The determination . . . whether togrant . . . youthful offender status rests within the sound discretion of the court anddepends upon all the attending facts and circumstances of the case" (People v Ortega,114 AD2d 912, 912 [1985], lv denied 67 NY2d 887 [1986]; see People v Smith,286 AD2d 878 [2001], lv denied 98 NY2d 641 [2002]). The sentence is not unduly harshor severe. Present—Centra, J.P., Fahey, Carni, Green and Pine, JJ.