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People v. Noboa

280 A.D.2d 558, 720 N.Y.S.2d 396, 2001 N.Y. App. Div. LEXIS 1769
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 13, 2001
StatusPublished
Cited by7 cases

This text of 280 A.D.2d 558 (People v. Noboa) 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. Noboa, 280 A.D.2d 558, 720 N.Y.S.2d 396, 2001 N.Y. App. Div. LEXIS 1769 (N.Y. Ct. App. 2001).

Opinion

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered July 1, 1999, convicting him of attempted robbery in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the sentencing court should have granted him youthful offender status is unpreserved for appellate review, since he failed to object or move to withdraw his plea on this ground (see, People v Moralez, 267 AD2d 334; People v Maybeck, 157 AD2d 861). In any event, given that the defendant inflicted upon his victim serious injuries that required hospitalization, the court providently exercised its discretion in denying him youthful offender treatment (see, People v Granton, 236 AD2d 624; People v Vera, 206 AD2d 494). Santucci, J. P., Altman, Luciano and H. Miller, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
280 A.D.2d 558, 720 N.Y.S.2d 396, 2001 N.Y. App. Div. LEXIS 1769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-noboa-nyappdiv-2001.