People v. Henninger

Appellate Division of the Supreme Court of New York

People v. Henninger

185 A.D.2d 714, 587 N.Y.S.2d 870, 1992 N.Y. App. Div. LEXIS 9314

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

DecidedJuly 14, 1992

StatusPublished

Cited by1 cases

This text of 185 A.D.2d 714 (People v. Henninger) 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. Henninger, 185 A.D.2d 714, 587 N.Y.S.2d 870, 1992 N.Y. App. Div. LEXIS 9314 (N.Y. Ct. App. 1992).

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Opinion

— Judgment unanimously affirmed. Memorandum: County Court did not abuse its discretion in denying defendant youthful offender status. The record fails to establish the existence of "significant mitigating circumstances” (People v Cruickshank, 105 AD2d 325, 334, affd sub nom. People v Dawn Maria C., 67 NY2d 625). Moreover, we decline to exercise our discretion in the interest of justice to vacate the conviction and adjudicate defendant a youthful offender (cf., People v Shrubsall, 167 AD2d 929). (Appeal from Judgment of Wayne County Court, Parenti, J. — Sexual Abuse, 1st Degree.) Present — Boomer, J. P., Pine, Fallon, Davis and Doerr, JJ.

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— Judgment unanimously affirmed. Memorandum: County Court did not abuse its discretion in denying defendant youthful offender status. The record fails to establish the existence of "significant mitigating circumstances” (People v Cruickshank, 105 AD2d 325, 334, affd sub nom. People v Dawn Maria C., 67 NY2d 625). Moreover, we decline to exercise our discretion in the interest of justice to vacate the conviction and adjudicate defendant a youthful offender (cf., People v Shrubsall, 167 AD2d 929). (Appeal from Judgment of Wayne County Court, Parenti, J. — Sexual Abuse, 1st Degree.) Present — Boomer, J. P., Pine, Fallon, Davis and Doerr, JJ.

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Bluebook (online)

185 A.D.2d 714, 587 N.Y.S.2d 870, 1992 N.Y. App. Div. LEXIS 9314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-henninger-nyappdiv-1992.

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