Civil Procedure · MBE-tested
The People of the State of New York, Respondent, v. Michael Smalls, Appellant
219 A.D.2d 865632 N.Y.S.2d 1004·New York Supreme Court, Appellate Division·1995·NY
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Opinion
The People of the State of New York, Respondent, v Michael Smalls, Appellant.
[632 NYS2d 1004]
[MAJORITY]
Judgment unanimously affirmed. Memorandum: Under the circumstances of this case, Supreme Court did not abuse its discretion in denying defendant youthful offender status. Because defendant was convicted of armed felonies (see, CPL 1.20 [41]; Penal Law § 70.02), he was eligible for youthful offender status only if the court found "mitigating circumstances that bear directly upon the manner in which the crime was committed” (CPL 720.10 [3] [i]; [2] [a] [ii]). The sentence is neither unduly harsh nor severe, and we decline to exercise our power to modify the sentence as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [b]). (Appeal from Judgment of Supreme Court, Erie County, Griffith, J. — Criminal Possession Weapon, 2nd Degree.) Present — Denman, P. J., Green, Fallon, Doerr and Balio, JJ.