PEOPLE v. TERNOOIS

868 KA 14-01833.

151 A.D.3d 1779 (2017)

2017 NY Slip Op 04745

53 N.Y.S.3d 868

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN TERNOOIS, III, Appellant.

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

Decided June 9, 2017.


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

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of sexual abuse in the first degree (Penal Law § 130.65 [3]), defendant contends that County Court abused its discretion in denying his request to adjudicate him a youthful offender. We reject that contention. "`The determination... whether to grant ... youthful offender status rests within the sound discretion...

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