| People v Davis |
| 2011 NY Slip Op 03748 [84 AD3d 1710] |
| May 6, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v ShaquilleDavis, Also Known as Shaquille L. Davis, 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.), renderedAugust 4, 2009. The judgment convicted defendant, upon his plea of guilty, of attempted robberyin the first 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 robbery in the first degree (Penal Law §§ 110.00, 160.15 [1]), defendantcontends that County Court abused its discretion in denying his request for youthful offenderstatus. We reject that contention. " 'The determination . . . whether to grant. . . youthful offender status rests within the sound discretion of the court anddepends upon all the attending facts and circumstances of the case' " (People v Dawson, 71 AD3d 1490,1490 [2010], lv denied 15 NY3d 749 [2010]). Here, defendant attempted to rob a64-year-old man who was out for his early morning walk and repeatedly punched him in the face,causing him to sustain a severely broken jaw that had to be wired shut for eight weeks. In light ofthe brutal and senseless nature of the crime, it cannot be said that the court abused its discretionin denying defendant's request for youthful offender status (see People v Randleman, 60 AD3d 1358 [2009], lv denied12 NY3d 919 [2009]; People vBell, 56 AD3d 1227 [2008], lv denied 12 NY3d 781 [2009]). We perceive noreason to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender(see People v Potter, 13 AD3d1191, [2004] lv denied 4 NY3d 889 [2005]; People v Phillips, 289 AD2d1021 [2001]). Finally, the sentence is not unduly harsh or severe. Present—Scudder, P.J.,Smith, Lindley, Green and Gorski, JJ.