Opinion
04-28-2017
The PEOPLE of the State of New York, Respondent, v. Kasim SAKINOVIC, Defendant–Appellant.
John J. Raspante, Utica, for defendant-appellant. Jeffrey S. Carpenter, District Attorney, Herkimer (Jacquelyn M. Asnoe of Counsel), for respondent.
John J. Raspante, Utica, for defendant-appellant.
Jeffrey S. Carpenter, District Attorney, Herkimer (Jacquelyn M. Asnoe of Counsel), for respondent.
MEMORANDUM:On appeal from a judgment convicting him, upon his plea of guilty, of burglary in the second degree (Penal Law § 140.25[2] ), defendant contends that County Court abused its discretion in determining that granting defendant youthful offender status would not serve the interest of justice. We reject that contention (see CPL 720.20[1][a] ; People v. Agee, 140 A.D.3d 1704, 1704–1705, 34 N.Y.S.3d 554, lv. denied 28 N.Y.3d 925, 40 N.Y.S.3d 354, 63 N.E.3d 74 ), and we decline to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender (see Agee, 140 A.D.3d at 1704–1705, 34 N.Y.S.3d 554 ). Contrary to defendant's further contention, the agreed-upon sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., LINDLEY, DeJOSEPH, NEMOYER, and SCUDDER, JJ., concur.