Majority
p. 714The People of the State of New York, Respondent, v Robert A. Henninger, Appellant.
— 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.
Cases cited
- People v. Cruickshank 105 AD2d 325 at 334 p. 714
- People v. Dawn Maria C. 67 NY2d 625 p. 714
- People v. Shrubsall 167 AD2d 929 p. 714