Majority
p. 1069The People of the State of New York, Respondent, v Melvin Early, Appellant. [608 NYS2d 906]
Judgment unanimously affirmed. Memorandum: Under the circumstances of this case, defendant did not waive his right to request this Court, on appeal, to adjudicate him a youthful offender. Upon our consideration of the factors relevant on an application for youthful offender treatment (see, People v Cruickshank, 105 AD2d 325 , 334, affd sub nom. People v Dawn Maria C., 67 NY2d 625 ), we decline to exercise our interest of justice jurisdiction to vacate the conviction and adjudicate defendant
p. 1070
a youthful offender (see, People v Hanno, 197 AD2d 879 ; cf., People v Shrubsall, 167 AD2d 929 ). (Appeal from Judgment of Supreme Court, Erie County, Kubiniec, J.—Robbery, 2nd Degree.) Present—Denman, P. J., Callahan, Balio, Fallon and Davis, JJ.
Cases cited
- People v. Cruickshank 105 AD2d 325 at 334 p. 1069
- People v. Dawn Maria C. 67 NY2d 625 p. 1069
- People v. Shrubsall 167 AD2d 929 p. 1070