| People v McPhee |
| 2014 NY Slip Op 02313 [116 AD3d 714] |
| April 2, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Tysheed McPhee, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County(Greller, J.), rendered January 24, 2013, convicting him of robbery in the first degree androbbery in the second degree (two counts), upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant, who was convicted of armed felony offenses under counts one andtwo of an indictment, was not eligible for a youthful offender adjudication with respectto those counts, since there were no mitigating circumstances bearing directly upon themanner in which those crimes were committed and his role in those crimes was not minor(see CPL 1.20 [41]; 720.10 [2] [a]; [3]; People v Watts, 91 AD3d 678, 679 [2012]; People v Henry, 76 AD3d1031 [2010]; People v Jhang, 302 AD2d 606 [2003]; People vO'Neill, 86 AD2d 213, 215 [1982]). Furthermore, considering, among other things,the seriousness of the robbery offense under count three of the indictment, and thedefendant's level of cooperation with the authorities, the interests of justice would not beserved by the defendant receiving a youthful offender adjudication with respect to thatcount of the indictment (seePeople v Lopez, 82 AD3d 906, 907 [2011]; People v Wright, 44 AD3d 692 [2007]; People vCruickshank, 105 AD2d 325, 333-334 [1985], affd sub nom. People vDawn Maria C., 67 NY2d 625 [1986]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Rivera, J.P., Dickerson, Cohen, Hinds-Radix and Maltese, JJ., concur.