Appellate Division of the Supreme Court of New York, 2001

People v. Phillips

Appellate Division of the Supreme Court of New York · Decided December 21, 2001

289 A.D.2d 1021; 735 N.Y.S.2d 311; 2001 N.Y. App. Div. LEXIS 12652

Cases that cite this one

10 later published cases cite this decision.

WEATHINGTON, NICOLAS, PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
People v. Weathington (Appellate Division of the Supreme Court of New York 2016)
People v. Weathington (Appellate Division of the Supreme Court of New York 2016)
BURNETT, AMEER, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
People v. Burnett (Appellate Division of the Supreme Court of New York 2012)
People v. Burnett (Appellate Division of the Supreme Court of New York 2012)
DAVIS, SHAQUILLE, PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
People v. Davis (Appellate Division of the Supreme Court of New York 2011)
People v. Bosse (Appellate Division of the Supreme Court of New York 2005)
People v. Rhymer (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of robbery in the second degree (Penal Law § 160.10 [1]) in connection with the late-night robbery of a 94-year-old man in the man’s home. We reject the contention of defendant that County Court abused its discretion in denying his request for youthful offender status (see, CPL 720.20 [1] [a]). Despite defendant’s limited involvement in causing injury to the victim, the violent nature of the crime is sufficient reason to deny defendant’s *1022request (see, People v Woods, 239 AD2d 630, 631, lv denied 89 NY2d 1103). We decline to exercise our power to adjudicate defendant a youthful offender as a matter of discretion in the interest of justice (see generally, CPL 470.15 [6] [a]; cf., People v Shrubsall, 167 AD2d 929, 930). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Wayne County Court, Kehoe, J. — Robbery, 2nd Degree.) Present— Hayes, J. P., Scudder, Burns, Gorski and Lawton, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.