People v. Huffman
| Decision Date | 08 January 2008 |
| Docket Number | No. 2005-08834,2005-08834 |
| Citation | 47 A.D.3d 646,2008 NY Slip Op 117,850 N.Y.S.2d 473 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NINA HUFFMAN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The defendant's claim that she should have received youthful offender treatment is unpreserved for appellate review, as the defendant failed to object or to move to withdraw her plea on the issue of youthful offender treatment (see CPL 220.60 [3]; People v Small, 7 AD3d 819 [2004]; People v Fryer, 2 AD3d 874 [2003]; People v Moralez, 267 AD2d 334 [1999]; People v Corbin, 243 AD2d 575 [1997]).
In any event, although the defendant was eligible for youthful offender treatment, as she was 18 years old when she committed the offense, (People v Polansky, 125 AD2d 342, 343 [1986]; see People v Williams, 78 AD2d 642 [1980]). In light of the fact that the defendant and her codefendant were found to be in possession of a significant amount of cocaine, as well as an assault rifle and ammunition that had been purchased by the defendant, and the otherwise favorable plea agreement, the sentencing court did not improvidently exercise its discretion in denying her request for youthful offender treatment.
To continue reading
Request your trial
-
People v. Santana
...887 ; People v. Almonte, 122 A.D.3d 870, 995 N.Y.S.2d 511 ; People v. Williams, 110 A.D.3d 746, 972 N.Y.S.2d 94 ; People v. Huffman, 47 A.D.3d 646, 850 N.Y.S.2d 473 ; People v. Thompson, 16 A.D.3d 603, 792 N.Y.S.2d 142 ; People v. Ortega, 114 A.D.2d 912, 495 N.Y.S.2d 82 ).DILLON, J.P., MILL......
-
People v. Joyner
...he failed to object or to move to withdraw his plea on the ground that he was denied youthful offender treatment (see People v. Huffman, 47 A.D.3d 646, 850 N.Y.S.2d 473 ; People v. Pinheiro, 44 A.D.3d 798, 842 N.Y.S.2d 736 ; People v. Demosthene, 21 A.D.3d 384, 798 N.Y.S.2d 918 ). In any ev......
-
People v. Williams
...People v. Morrow, 84 A.D.3d 1412, 1413, 924 N.Y.S.2d 289;People v. Lopez, 82 A.D.3d 906, 907, 919 N.Y.S.2d 340;People v. Huffman, 47 A.D.3d 646, 646, 850 N.Y.S.2d 473). The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675). The defendant's contention......
-
People v. Morrow
...the defendant youthful offender treatment ( see CPL 720.20[1][a]; People v. James, 78 A.D.3d 965, 910 N.Y.S.2d 671; People v. Huffman, 47 A.D.3d 646, 850 N.Y.S.2d 473). ...