Opinion
12-23-2016
The PEOPLE of the State of New York, Respondent, v. Shaquel WILLIAMS, Defendant–Appellant.
Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of Counsel), for defendant-appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for respondent.
Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered November 5, 2012. The appeal was held by this Court by order entered December 31, 2015, decision was reserved and the matter was remitted to Supreme Court, Onondaga County, for further proceedings (134 A.D.3d 1572, 23 N.Y.S.3d 780 ). The proceedings were held and completed.
Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of Counsel), for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for respondent.
MEMORANDUM:We previously held this case, reserved decision, and remitted the matter for Supreme Court to make and state for the record a determination whether defendant is a youthful offender (People v. Williams, 134 A.D.3d 1572, 23 N.Y.S.3d 780 ; see generally People v. Rudolph, 21 N.Y.3d 497, 503, 974 N.Y.S.2d 885, 997 N.E.2d 457 ). Upon remittal, the court, after considering the appropriate factors (see People v. Cruickshank, 105 A.D.2d 325, 334, 484 N.Y.S.2d 328, affd. sub nom. People v. Dawn Maria C., 67 N.Y.2d 625, 499 N.Y.S.2d 663, 490 N.E.2d 530 ), determined that granting defendant youthful offender status would not serve the interest of justice (see CPL 720.20[1][a] ). We conclude that the court did not thereby abuse its discretion (see 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 People v. Hall, 130 A.D.3d 1495, 1496, 11 N.Y.S.3d 498, lv. denied 26 N.Y.3d 968, 18 N.Y.S.3d 604, 40 N.E.3d 582 ). We further conclude that the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, and DeJOSEPH, JJ., concur.