People v. Selg

Decision Date29 April 1985
Citation488 N.Y.S.2d 462,110 A.D.2d 918
PartiesThe PEOPLE, etc., Respondent, v. Mark SELG, Appellant.
CourtNew York Supreme Court — Appellate Division

Steven G. Legum, Brooklyn (Robert J. Carlucci, Merrick, of counsel), for appellant.

John J. Santucci, Dist. Atty., Kew Gardens (Alan Zuckerbrod, of counsel), for respondent.

Before TITONE, J.P., and LAZER, THOMPSON and RUBIN, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from two judgments of the Supreme Court, Queens County, both rendered November 4, 1982, convicting him of assault in the first degree and burglary in the third degree, upon his pleas of guilty, and imposing sentences.

Judgments affirmed.

The decision to grant or deny a youthful offender application is a discretionary one (see People v. Parris, 109 A.D.2d 853, 487 N.Y.S.2d 53, 2d Dept.), and here there was no abuse of discretion in denying defendant's application for that relief.

As to defendant's contention that the court erred in accepting his pleas, that issue was not preserved for appellate review because of defendant's failure to raise it at Criminal Term (see People v. Claudio, 64 N.Y.2d 858, 487 N.Y.S.2d 318, 476 N.E.2d 644).

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8 cases
  • People v. Williams
    • United States
    • New York Supreme Court — Appellate Division
    • October 26, 1987
    ...(see, People v. Williams, 124 A.D.2d 615, 507 N.Y.S.2d 876, lv. denied 69 N.Y.2d 751, 512 N.Y.S.2d 1056, 505 N.E.2d 254; People v. Selg, 110 A.D.2d 918, 488 N.Y.S.2d 462). Thus, by virtue of his failure to assert such a claim at the time of sentencing on the 1974 conviction, the issue was w......
  • People v. Williams
    • United States
    • New York Supreme Court — Appellate Division
    • November 3, 1986
    ...history, the determination of whether to grant youthful offender status rests within the discretion of the court (see, People v. Selg, 110 A.D.2d 918, 488 N.Y.S.2d 462; People v. Parris, 109 A.D.2d 853, 487 N.Y.S.2d 53; People v. Williams, 78 A.D.2d 642, 432 N.Y.S.2d 120), and it cannot be ......
  • People v. Dunlap
    • United States
    • New York Supreme Court — Appellate Division
    • April 21, 1986
    ...one, and there was no abuse of that discretion in denying such relief to the defendant in the instant case (see, People v. Selg, 110 A.D.2d 918, 488 N.Y.S.2d 462; People v. Parris, 109 A.D.2d 853, 487 N.Y.S.2d 53). Furthermore, the sentence imposed was not excessive and modification is not ......
  • People v. Marsh
    • United States
    • New York Supreme Court — Appellate Division
    • December 31, 1986
    ...we cannot say that Criminal Term's denial of youthful offender treatment constituted an abuse of discretion (see, People v. Selg, 110 A.D.2d 918, 488 N.Y.S.2d 462; People v. Parris, 109 A.D.2d 853, 487 N.Y.S.2d BRACKEN, J.P., and KUNZEMAN, KOOPER and SPATT, JJ., concur. ...
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