← Cases

People v. Parker

222 A.D.2d 1103 Court N.Y. App. Div. Decision date 1995-12-22 English

Contents

Majority

p. 1103
The People of the State of New York, Respondent, v William Lee Parker, Jr., Appellant.
[636 NYS2d 696]

—Judgment unanimously affirmed. Memorandum: Under the circumstances of this case, County Court did not abuse its discretion in denying defendant youthful offender treatment (see, People v Cruickshank, 105 AD2d 325 , 333-336, affd sub nom. People v Dawn Maria C., 67 NY2d 625 ), and we decline to exercise our interest of justice jurisdiction to grant such treatment (see, People v Gaziano [appeal No. 1], 219 AD2d 870 ; cf., People v Shrubsall, 167 AD2d 929 , 930). Furthermore, we conclude that the imposition of an indeterminate term of incarceration of 2Vs to 7 years upon defendant’s conviction of burglary in the third degree is neither unduly harsh nor severe. (Appeal from Judgment of Cayuga County Court, Corning, J. — Burglary, 3rd Degree.) Present — Denman, P. J., Lawton, Wesley, Balio and Davis, JJ.

Cases cited