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The People of the State of New York v. Robby J. Guppy

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 10, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
ROBBY J. GUPPY,
DEFENDANT-APPELLANT.

Appeal from a judgment of the Oswego County Court (Walter W. Hafner, Jr., J.), rendered March 1, 2010.

People v Guppy

Decided on February 10, 2012

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND LINDLEY, JJ.

The judgment convicted defendant, upon a jury verdict, of assault in the third degree (three counts) and endangering the welfare of a child.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of three counts of assault in the third degree (Penal Law § 120.00 [1]) and one count of endangering the welfare of a child (§ 260.10 [1]), defendant contends that County Court abused its discretion in denying his request for youthful offender status. "Having considered the facts and circumstances of this case," we reject that contention (People v Potter, 13 AD3d 1191, lv denied 4 NY3d 889; see People v Buryta, 85 AD3d 1621; see generally CPL 720.20 [1] [a]). We decline to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender (see generally People v Shrubsall, 167 AD2d 929, 930-931). Finally, we note that the certificate of conviction incorrectly recites that defendant was convicted of endangering the welfare of a child under Penal Law § 261.10 (1), and it must therefore be amended to reflect that he was convicted of that crime under Penal Law § 260.10 (1) (see People v Saxton, 32 AD3d 1286).

Entered: February 10, 2012

Frances E. Cafarell Clerk of the Court

20120210

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