| People v Green |
| 2015 NY Slip Op 04530 [128 AD3d 1282] |
| May 28, 2015 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Anthony T. Green, Appellant. |
Abbie Goldbas, Utica, for appellant.
Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.
Clark, J. Appeals from a judgment of the County Court of Broome County (Smith,J.), rendered August 2, 2012, convicting defendant upon his plea of guilty of the crimesof burglary in the first degree and robbery in the second degree (two counts).
Defendant was charged in two indictments with robbery in the first degree (twocounts), robbery in the second degree (four counts), grand larceny in the fourth degree(two counts), burglary in the first degree and petit larceny (three counts). He thereafterpleaded guilty as charged. County Court denied defendant's application for youthfuloffender status, but vacated his guilty plea to all the charges except burglary in the firstdegree and robbery in the second degree (two counts) and sentenced defendant to anaggregate prison term of nine years, to be followed by five years of postreleasesupervision. Defendant now appeals.
We affirm. Defendant's sole contention on appeal is that County Court abused itsdiscretion in denying his application for youthful offender status. "[T]he determination togrant youthful offender treatment rests within the discretion of the sentencing court andwill not be disturbed absent a clear abuse of discretion" (People v Driggs, 24 AD3d888, 889 [2005]; accordPeople v Fernandez, 106 AD3d 1281, 1286 [2013]; see CPL 720.20 [1][a]). Here, given the gravity of the crimes, which included a home invasion with anaccomplice, during which a victim was struck in the head with the butt of a BB gun,defendant's criminal history and the negative [*2]recommendation of the Probation Department, we cannotsay that County Court abused its discretion in denying defendant youthful offender status(see People v Carter, 60AD3d 1103, 1107 [2009], lv denied 12 NY3d 924 [2009]; People v Anderson, 48 AD3d896, 898 [2008], lv denied 10 NY3d 859 [2008]).
McCarthy, J.P., Lynch and Devine, JJ., concur. Ordered that the judgment isaffirmed.