| People v Simpson |
| 2020 NY Slip Op 02426 [182 AD3d 1046] |
| April 24, 2020 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Tashj Y. Simpson, Also Known as Tahj Simpson,Appellant. |
Timothy P. Donaher, Public Defender, Rochester (Benjamin L. Nelson of counsel),for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Scott Myles of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Joanne M.Winslow, J.), rendered December 21, 2015. The judgment convicted defendant upon anonjury verdict of robbery in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: On appeal from a judgment convicting him following a nonjury trialof robbery in the second degree (Penal Law § 160.10 [2]), defendantcontends that Supreme Court abused its discretion in refusing to grant him youthfuloffender status. Preliminarily, we note that defendant asserts that the court properly madean initial determination that he is an eligible youth pursuant to subdivisions two and threeof CPL 720.10 (cf. People vLofton, 29 NY3d 1097, 1098 [2017]; People v Middlebrooks, 25 NY3d 516, 524-526 [2015]).Inasmuch as defendant does not challenge that determination on this appeal, we do notaddress it.
Contrary to defendant's contention, the court did not abuse its discretion in refusingto grant defendant youthful offender status (see People v Lang, 178 AD3d 1362, 1363 [4th Dept 2019],lv denied 34 NY3d 1160 [2020]; see generally People v Minemier, 29 NY3d 414, 421[2017]). Additionally, having reviewed the applicable factors pertinent to a youthfuloffender determination (seePeople v Keith B.J., 158 AD3d 1160, 1160 [4th Dept 2018]), we decline toexercise our interest of justice jurisdiction to grant him such status (see People v Macon, 169AD3d 1439, 1440 [4th Dept 2019], lv denied 33 NY3d 978 [2019]; People v Lewis, 128 AD3d1400, 1400-1401 [4th Dept 2015], lv denied 25 NY3d 1203 [2015]; see also People v Lindsey, 166AD3d 1565, 1566 [4th Dept 2018], lv denied 32 NY3d 1206 [2019]).Present—Smith, J.P., Carni, Lindley, Curran and DeJoseph,JJ.