People v. Johnson, 111 A.D.3d 1391 (N.Y. App. Div. 2013). · Go Syfert
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People v. Johnson, 111 A.D.3d 1391 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …it is well established that 'a licensing officer is vested with broad discretion in determining whether to revoke a pistol permit and may do so for any good cause,' including 'a finding that the petitioner lacks the essential temperament or character which should be present in o… at p. 1392 ⚠ not in text
cited 2× by 2 distinct cases · …it is well established that 'a licensing officer is vested with broad discretion in determining whether to revoke a pistol permit and may do so for any good cause,' including 'a finding that the petitioner lacks the essential temperament or character which should be present in o… ⚠ not in text
11 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Schmitt v. Connolly (nyappdiv, 2016-05-12)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Schmitt v. Connolly
N.Y. App. Div. · 2016 · confidence medium
“There is no question that ‘[respondent is vested with broad discretion in determining whether to revoke a pistol permit and may do so for any good cause, including a finding that the petitioner lack[s] the essential temperament or character which should be present in one entrusted with a dangerous instrument ... , or that he or she does not possess the maturity, prudence, carefulness, good character, temperament, demeanor and judgment necessary to have a pistol permit’ ” (Matter of DeAngelo v Burns, 124 AD3d 1156, 1157 [2015], quoting Matter of Peters v Randall, 111 AD3d 1391, 1392 [2…
discussed Cited as authority (rule) Chomyn v. Boller
N.Y. App. Div. · 2016 · confidence medium
“It is well established that ‘[a licensing officer] is vested with broad discretion in determining whether to revoke a pistol permit and may do so for any good cause,’ including ‘a finding that the petitioner lack[s] the essential temperament or character which should be present in one entrusted with a dangerous instrument. . . , or that he or she does not possess the maturity, prudence, carefulness, good character, temperament, demeanor and judgment necessary to have a pistol permit’ ” (Matter of Peters v Randall, 111 AD3d 1391, 1392 [2013]).
discussed Cited as authority (rule) Chomyn v. Boller
N.Y. App. Div. · 2016 · confidence medium
“It is well established that ‘[a licensing officer] is vested with broad discretion in determining whether to revoke a pistol permit and may do so for any good cause,’ including ‘a finding that the petitioner lack[s] the essential temperament or character which should be present in one entrusted with a dangerous instrument. . . , or that he or she does not possess the maturity, prudence, carefulness, good character, temperament, demeanor and judgment necessary to have a pistol permit’ ” (Matter of Peters v Randall, 111 AD3d 1391, 1392 [2013]).
discussed Cited as authority (rule) Matter of DeAngelo v. Burns
N.Y. App. Div. · 2015 · confidence medium
There is no question that “[Respondent is vested with broad discretion in determining whether to revoke a pistol permit and may do so for any good cause, including a finding that the petitioner lack[s] the essential temperament or character which should be present in one entrusted with a dangerous instrument ... , or that he or she does not possess the maturity, prudence, carefulness, good character, temperament, demeanor and judgment necessary to have a pistol permit” (Matter of Peters v Randall, 111 AD3d 1391, 1392 [2013] [internal quotation marks and citations omitted]; see Matter of Fi…
discussed Cited as authority (rule) People v. McGrew
N.Y. App. Div. · 2014 · confidence medium
Defendant’s valid waiver of the right to appeal encompasses his contention that the court abused its discretion in denying his request for youthful offender status (see People v Johnson, 111 AD3d 1391, 1391 [2013]; People v Rush, 94 AD3d 1449, 1449-1450 [2012], lv denied 19 NY3d 967 [2012]; People v Farewell, 90 AD3d 1502, 1502 [2011], lv denied 18 NY3d 957 [2012]).
discussed Cited as authority (rule) People v. McGrew
N.Y. App. Div. · 2014 · confidence medium
Defendant’s valid waiver of the right to appeal encompasses his contention that the court abused its discretion in denying his request for youthful offender status (see People v Johnson, 111 AD3d 1391, 1391 [2013]; People v Rush, 94 AD3d 1449, 1449-1450 [2012], lv denied 19 NY3d 967 [2012]; People v Farewell, 90 AD3d 1502, 1502 [2011], lv denied 18 NY3d 957 [2012]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Andrew Johnson
Appellate Division of the Supreme Court of the State of New York.
Nov 15, 2013.
111 A.D.3d 1391
Cited by 3 opinions  |  Published

— Appeal from a judgment of the Erie County Court (Thomas P Franczyk, J.), rendered September 12, 2011. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the second degree (Penal Law § 160.10 [2] [b]). Defendant’s valid waiver of the right to appeal encompasses his contention concerning the denial of his request for youthful offender status (see People v Elshabazz, 81 AD3d 1429, 1429 [2011], lv denied 16 NY3d 858 [2011]). In any event, that contention is without merit. “[County] Court carefully considered the request to be considered a youthful offender and stated the reasons for its denial” (People v Williams, 37 AD3d 1193, 1194 [2007]), and it cannot be said that the court abused its discretion in denying that request (see id.; Elshabazz, 81 AD3d at 1429; People v Smith, 286 AD2d 878, 878-879 [2001], lv denied 98 NY2d 641 [2002]). Present — Scudder, PJ., Peradotto, Garni, Sconiers and Whalen, JJ.