| People v Hall |
| 2015 NY Slip Op 05841 [130 AD3d 1495] |
| July 2, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vBrandon S. Hall, Appellant. |
Charles T. Noce, Conflict Defender, Rochester (Kathleen P. Reardon of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), renderedApril 22, 2009. The appeal was held by this Court by order entered July 3, 2014, decisionwas reserved and the matter was remitted to Monroe County Court for furtherproceedings (119 AD3d 1349 [2014]). The proceedings were held and completed.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: We previously held this case, reserved decision, and remitted thematter to County Court to make and state for the record its determination whetherdefendant is a youthful offender (People v Hall, 119 AD3d 1349, 1350 [2014]).Upon remittal the court, after considering the appropriate factors (see People vCruickshank, 105 AD2d 325, 334 [1985], affd sub nom. People v Dawn MariaC., 67 NY2d 625 [1986]), refused to grant defendant youthful offender status. Weconclude that the court did not thereby abuse its discretion (see People v Johnson, 109AD3d 1191, 1191-1192 [2013], lv denied 22 NY3d 997 [2013]), and wedecline to exercise our interest of justice jurisdiction to adjudicate defendant a youthfuloffender (see generally People v Shrubsall, 167 AD2d 929, 930-931 [1990]). Thesentence is not unduly harsh or severe. Present—Centra, J.P., Peradotto, Sconiersand DeJoseph, JJ.