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People v. Foote

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2001
280 A.D.2d 991 (N.Y. App. Div. 2001)

Opinion

February 7, 2001.

Appeal from Judgment of Wayne County Court, Sirkin, J. — Sodomy, 1st Degree.

PRESENT: PIGOTT, JR., P.J., GREEN, HAYES, BURNS AND LAWTON, JJ.


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 A.D.2d 829, lv denied 94 N.Y.2d 946, 950, 954; People v King, 254 A.D.2d 814, 814-815, lv denied 92 N.Y.2d 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 [a]). Because the court imposed the minimum sentence authorized for a class B violent felony offense ( see, Penal Law § 70.02 [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, ___ A.D.2d ___ [decided Dec. 21, 2000]; People v. Agha, 239 A.D.2d 930, 931, lv denied 90 N.Y.2d 854).


Summaries of

People v. Foote

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2001
280 A.D.2d 991 (N.Y. App. Div. 2001)
Case details for

People v. Foote

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. LUCAS A. FOOTE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 7, 2001

Citations

280 A.D.2d 991 (N.Y. App. Div. 2001)
720 N.Y.S.2d 422

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