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People v. Foote

280 A.D.2d 991 Court N.Y. App. Div. Decision date 2001-02-07 English

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p. 991
The People of the State of New York, Respondent, v Lucas A. Foote, Appellant.
[720 NYS2d 422]

—Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review his contention that County Court erred in failing to grant him youthful offender status (see, People v Wright, 269 AD2d 829 , lv denied 94 NY2d 946 , 950, 954; People v King, 254 AD2d 814 , 814-815, lv denied 92 NY2d 983 ), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). Because the court imposed the minimum sentence authorized for a class B violent felony offense (see, Penal Law § 70.02 [3] [a]), there is no basis for the exercise of our authority to reduce the sentence as a matter of discretion in the interest of justice (see, People v Marrero, 278 AD2d 135 ; People v Agha, 239 AD2d 930 , 931, lv denied 90 NY2d 854 ). (Appeal from Judgment of Wayne County Court, Sirkin, J. — Sodomy, 1st Degree.) Present — Pigott, Jr., P. J., Green, Hayes, Burns and Lawton, JJ.

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