| People v Guppy |
| 2012 NY Slip Op 01034 [92 AD3d 1243] |
| February 10, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York,Respondent, v Robby J. Guppy, Appellant. |
—[*1] Donald H. Dodd, District Attorney, Oswego (Michael G. Cianfarano of counsel), forrespondent.
Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), renderedMarch 1, 2010. The judgment convicted defendant, upon a jury verdict, of assault in the thirddegree (three counts) and endangering the welfare of a child.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a jury verdict of threecounts of assault in the third degree (Penal Law § 120.00 [1]) and one count ofendangering the welfare of a child (§ 260.10 [1]), defendant contends that County Courtabused its discretion in denying his request for youthful offender status. "Having considered thefacts and circumstances of this case," we reject that contention (People v Potter, 13 AD3d 1191[2004], lv denied 4 NY3d 889 [2005]; see People v Buryta, 85 AD3d 1621 [2011]; see generallyCPL 720.20 [1] [a]). We decline to exercise our interest of justice jurisdiction to adjudicatedefendant a youthful offender (see generally People v Shrubsall, 167 AD2d 929, 930-931[1990]). Finally, we note that the certificate of conviction incorrectly recites that defendant wasconvicted of endangering the welfare of a child under Penal Law § 261.10 (1), and it musttherefore be amended to reflect that he was convicted of that crime under Penal Law §260.10 (1) (see People v Saxton, 32AD3d 1286 [2006]). Present—Centra, J.P., Fahey, Peradotto, Carni and Lindley, JJ.