People v. Vera

• Decision Date: 18 July 1994
• Citation: 206 A.D.2d 494,614 N.Y.S.2d 547
• Parties: The PEOPLE, etc., Respondent, v. Mercedita VERA, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 547

614 N.Y.S.2d 547

206 A.D.2d 494

The PEOPLE, etc., Respondent, v. Mercedita VERA, Appellant.

Supreme Court, Appellate Division, Second Department.

July 18, 1994.

Philip L. Weinstein, New York City (Jeanne-Marie Waldman, of counsel), for appellant.

Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie and Camille O'Hara Gillespie, of counsel, Anastasia Cavanagh, on the brief), for respondent.

Before MANGANO, P.J., and BRACKEN, LAWRENCE, ALTMAN and FRIEDMANN, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miller, J.), rendered February 1, 1993, convicting her of assault in the second degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Mere eligibility for youthful offender status does not mandate youthful offender treatment, and the grant of such a benefit lies wholly within the discretion of the court (see, People v. Barr, 168 A.D.2d 625, 563 N.Y.S.2d 464; People v. Williams, 124 A.D.2d 615, 507 N.Y.S.2d 876). We find that the Supreme Court did not improvidently exercise its discretion in denying the defendant youthful offender status, despite her lack of a prior criminal record, where the crime she committed was premeditated, senseless and violent, and resulted in permanent injuries to the unresisting victim (see, e.g., People v. Hopkins, 163 A.D.2d 416, 558 N.Y.S.2d 137; People v. Granger, 82 A.D.2d 643, 442 N.Y.S.2d 793).