People v Certain

2013 NY Slip Op 05327 [108 AD3d 681]

July 17, 2013

Appellate Division, Second Department

As corrected through Wednesday, August 21, 2013

The People of the State of New York,Respondent, v Sharod Certain, Appellant.

—[*1]Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County(Weber, J.), rendered December 4, 2009, convicting him of attempted robbery in thesecond degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the County Court providently exercised itsdiscretion in denying him youthful offender treatment (see People v Morrow, 84AD3d 1412, 1413 [2011]; People v Johnson, 220 AD2d 775, 776 [1995]).Rivera, J.P., Dickerson, Leventhal and Lott, JJ., concur.