| People v Quinones |
| 2016 NY Slip Op 04598 [140 AD3d 1693] |
| June 10, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vLuis Quinones, Appellant. |
Frank H. Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), fordefendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of counsel),for respondent.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.),rendered August 10, 2011. The appeal was held by this Court by order entered June 19,2015, decision was reserved and the matter was remitted to Onondaga County Court forfurther proceedings (129 AD3d 1699 [2015]). The proceedings were held and completedin Supreme Court, Onondaga County (John J. Brunetti, A.J.).
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 determine and state for the record whether defendant is ayouthful offender (People v Quinones, 129 AD3d 1699, 1700 [2015]; see generally People vMiddlebrooks, 25 NY3d 516, 525-527 [2015]; People v Rudolph, 21 NY3d497, 499-501 [2013]). The proceedings upon remittal were conducted in SupremeCourt (Brunetti, A.J.), and that court denied defendant's request for youthful offendertreatment. The court found that there were no mitigating circumstances bearing directlyon the manner in which the crime was committed and thus that defendant was not aneligible youth upon his conviction of two counts of criminal possession of a weapon inthe second degree, an armed felony offense in which he was the sole participant (seeCPL 720.10 [2] [a] [ii]; [3]; People v Lewis, 128 AD3d 1400, 1400 [2015], lvdenied 25 NY3d 1203 [2015]). We conclude that the court did not thereby abuse itsdiscretion (see generally Middlebrooks, 25 NY3d at 526-527; People vGarcia, 84 NY2d 336, 342-343 [1994]), and we decline to grant defendant's requestthat we exercise our interest of justice jurisdiction to determine that mitigatingcircumstances exist and adjudicate him a youthful offender (see People v Hall, 130 AD3d1495, 1496 [2015], lv denied 26 NY3d 968 [2015]; Lewis, 128AD3d at 1400-1401; cf. Peoplev Amir W., 107 AD3d 1639, 1640-1641 [2013]). Present—Whalen, P.J.,Centra, Lindley and DeJoseph, JJ.