Opinion
2012-02-10
The PEOPLE of the State of New York, Respondent, v. Robby J. GUPPY, Defendant–Appellant.
Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), rendered March 1, 2010. The judgment convicted defendant, upon a jury verdict, of assault in the third degree (three counts) and endangering the welfare of a child.Amy L. Hallenbeck, Fulton, for defendant-appellant. Donald H. Dodd, District Attorney, Oswego (Michael G. Cianfarano of Counsel), for respondent.
Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), rendered March 1, 2010. The judgment convicted defendant, upon a jury verdict, of assault in the third degree (three counts) and endangering the welfare of a child.Amy L. Hallenbeck, Fulton, for defendant-appellant. Donald H. Dodd, District Attorney, Oswego (Michael G. Cianfarano of Counsel), for respondent.
Memorandum:
On appeal from a judgment convicting him upon a jury verdict of three counts of assault in the third degree (Penal Law § 120.00[1] ) and one count of endangering the welfare of a child (§ 260.10[1] ), defendant contends that County Court abused its discretion in denying his request for youthful offender status. “Having considered the facts and circumstances of this case,” we reject that contention ( People v. Potter, 13 A.D.3d 1191, 786 N.Y.S.2d 793, lv. denied 4 N.Y.3d 889, 798 N.Y.S.2d 735, 831 N.E.2d 980; see People v. Buryta, 85 A.D.3d 1621, 924 N.Y.S.2d 894; see generally CPL 720.20[1] [a] ). We decline to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender ( see generally People v. Shrubsall, 167 A.D.2d 929, 930–931, 562 N.Y.S.2d 290). Finally, we note that the certificate of conviction incorrectly recites that defendant was convicted of endangering the welfare of a child under Penal Law § 261.10(1), and it must therefore be amended to reflect that he was convicted of that crime under Penal Law § 260.10(1) ( see People v. Saxton, 32 A.D.3d 1286, 821 N.Y.S.2d 353).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.