| People v Quinones |
| 2018 NY Slip Op 02985 [160 AD3d 1441] |
| April 27, 2018 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Ray A. Quinones, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Vincent M. Dinolfo, J.), renderedMarch 18, 2014. The judgment convicted defendant, upon his plea of guilty, of robbery in thefirst degree, robbery in the second degree and kidnapping in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of,inter alia, robbery in the first degree (Penal Law § 160.15 [3]). Contrary to thecontention of defendant, County Court did not abuse its discretion in denying his request foryouthful offender status. "The decision 'whether to grant or deny youthful offender status restswithin the sound discretion of the court and depends upon all the attending facts andcircumstances of the case' " (People v Williams, 204 AD2d 1002, 1002 [4th Dept1994], lv denied 83 NY2d 973 [1994]). In light of, among other things, the serious andpremeditated nature of the crimes, as well as the preplea investigation report recommending thatdefendant not be adjudicated a youthful offender, we conclude that the court did not abuse itsdiscretion in denying defendant's request. We decline to exercise our interest of justicejurisdiction to adjudicate defendant a youthful offender (see People v Mills, 151 AD3d 1744, 1745 [4th Dept 2017], lvdenied 29 NY3d 1131 [2017]). Present—Smith, J.P., Carni, NeMoyer and Winslow,JJ.