People v French

People v French 2007 NY Slip Op 10340 [46 AD3d 1450] December 21, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

The People of the State of New York, Respondent, v Ryan French, Appellant.

—[*1] John E. Tyo, Shortsville, for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (Brian D. Dennis of counsel), for respondent.

Appeal from a judgment of the Ontario County Court (Frederick G. Reed, J.), rendered November 30, 2005. The judgment convicted defendant, upon his plea of guilty, of sexual abuse in the first degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of sexual abuse in the first degree (Penal Law § 130.65 [3]). We reject the contention of defendant that County Court erred in refusing to grant his request for youthful offender status (see People v Williams, 45 AD3d 1466 [2007]; People v Siler, 45 AD3d 1403 [2007]). Contrary to defendant's further contention, the bargained-for sentence is not unduly harsh or severe. Present—Hurlbutt, J.P., Martoche, Fahey, Peradotto and Green, JJ.