People v. Smith, 24 A.D.3d 1301

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of robbery in the first degree (Penal Law § 160.15 [4]), defendant contends that Supreme Court abused its discretion in denying his application for youthful offender status. Defendant failed to preserve his contention for our review (see People v Jones, 288 AD2d 397 [2001], lv denied 97 NY2d 730 [2002]; People v Gonzalez [appeal No. 1], 280 AD2d 980 [2001]) and, in any event, his contention lacks merit (see generally People v Henderson, 300 AD2d 1119 [2002], lv denied 100 NY2d 539 [2003]; People v Smith, 286 AD2d 878 [2001], lv denied 98 NY2d 641 [2002]). Present—Pigott, Jr., P.J., Green, Kehoe, Gorski and Smith, JJ.

Case Details

Case Name: People v. Smith

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Dec 22, 2005

Citations: 24 A.D.3d 1301; 805 N.Y.S.2d 885

Court Abbreviation: N.Y. App. Div.