People v. Driscoll

Appellate Division of the Supreme Court of New York

People v. Driscoll

56 A.D.2d 1224, 866 N.Y.S.2d 918

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 14, 2008

StatusPublished

This text of 56 A.D.2d 1224 (People v. Driscoll) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Driscoll, 56 A.D.2d 1224, 866 N.Y.S.2d 918 (N.Y. Ct. App. 2008).

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Opinion

— Appeal from a [1225]*1225judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered August 9, 2007. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree (eight counts).

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 eight counts of burglary in the third degree (Penal Law § 140.20). Contrary to the contention of defendant, County Court did not abuse its discretion in denying his request for youthful offender status (see People v Smith, 286 AD2d 878 [2001], lv denied 98 NY2d 641 [2002]), and we decline the request of defendant that we adjudicate him a youthful offender as a matter of discretion in the interest of justice (cf. People v Shrubsall, 167 AD2d 929 [1990]). Present — Scudder, P.J., Martoche, Centra, Lunn and Gorski, JJ.

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— Appeal from a [1225]*1225judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered August 9, 2007. The judgment convicted defendant, upon his plea of guilty, of burglary in the third degree (eight counts).

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 eight counts of burglary in the third degree (Penal Law § 140.20). Contrary to the contention of defendant, County Court did not abuse its discretion in denying his request for youthful offender status (see People v Smith, 286 AD2d 878 [2001], lv denied 98 NY2d 641 [2002]), and we decline the request of defendant that we adjudicate him a youthful offender as a matter of discretion in the interest of justice (cf. People v Shrubsall, 167 AD2d 929 [1990]). Present — Scudder, P.J., Martoche, Centra, Lunn and Gorski, JJ.

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Bluebook (online)

56 A.D.2d 1224, 866 N.Y.S.2d 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-driscoll-nyappdiv-2008.

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