Appellate Division of the Supreme Court of New York, 2005

People v. Demosthene

Appellate Division of the Supreme Court of New York · Decided August 1, 2005

21 A.D.3d 384; 798 N.Y.S.2d 918; 2005 N.Y. App. Div. LEXIS 8225

Cases that cite this one

8 later published cases cite this decision.

People v. Joyner (Appellate Division of the Supreme Court of New York 2017)
People v. McCants (Appellate Division of the Supreme Court of New York 2010)
People v. Gheradi (Appellate Division of the Supreme Court of New York 2009)
People v. Smith (Appellate Division of the Supreme Court of New York 2007)
People v. Rosato (Appellate Division of the Supreme Court of New York 2007)
People v. Vere (Appellate Division of the Supreme Court of New York 2007)
People v. Gray (Appellate Division of the Supreme Court of New York 2007)
People v. Rodriguez (Appellate Division of the Supreme Court of New York 2006)

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

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered November 22, 2000, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

When the defendant entered his plea of guilty, the County Court warned him that he would not be afforded youthful offender treatment. At sentencing, when the court did not adjudicate him a youthful offender, the defendant did not move to withdraw his plea' or otherwise object to the sentence. *385Consequently, his contention that the court should have granted him youthful offender treatment is unpreserved for appellate review (see People v Fryer, 2 AD3d 874 [2003]; People v Noboa, 280 AD2d 558 [2001]). In any event, under the circumstances of this case, the County Court’s determination not to afford the defendant youthful offender treatment was a provident exercise of discretion (see People v Greene, 13 AD3d 647 [2004], lv denied 4 NY3d 763 [2005]; People v Taylor, 302 AD2d 480, 481 [2003]; People v Wallace, 246 AD2d 676 [1998]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]), and, in any event, the defendant has no basis to complain inasmuch as the sentence was part of the negotiated plea agreement (see People v Fanelli, 8 AD3d 296 [2004]). Florio, J.P., Krausman, Crane, Rivera and Fisher, JJ., concur.

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