People v. Agee, 140 A.D.3d 1704 (N.Y. App. Div. 4th Dep't 2016). · Go Syfert
People v. Agee, 140 A.D.3d 1704 (N.Y. App. Div. 4th Dep't 2016). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 2 distinct courts.
Cited for
At page 1704 Reviewing court's discretion regarding youthful offender status9 citing cases“We conclude that the court did not thereby abuse its discretion (see generally Middlebrooks, 25 NY3d at 526-527).”the opinion's own words at *1704 · 6 listed here
  • People v. Meridy, 196 A.D.3d 1 (N.Y. App. Div. 4th Dep't 2021).published
    We conclude that County Court did not abuse its discretion in concluding that neither factor exists here ( see People v Dukes , 156 AD3d 1443 , 1443 [4th Dept 2017], lv denied 31 NY3d 983 [2018]; People v Agee , 140 AD3d 1704, 1704 [4th De…
  • People v. Gonzalez, 185 A.D.3d 1436 (N.Y. App. Div. 4th Dep't 2020).published
    The court did not thereby abuse its discretion ( see People v Agee , 140 AD3d 1704, 1704 [4th Dept 2016], lv denied 28 NY3d 925 [2016]).
  • People v. Dukes, 156 A.D.3d 1443 (N.Y. App. Div. 4th Dep't 2017).published
    The court therefore did not abuse its discretion in refusing to afford defendant youthful offender status (see People v Stewart, 140 AD3d 1654, 1654-1655 [4th Dept 2016], lv denied 28 NY3d 937 [2016]; People v Agee, 140 AD3d 1704, 1704 [4t…
  • People v. Saraceni, 153 A.D.3d 1559 (N.Y. App. Div. 4th Dep't 2017).published
    We decline to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender (see People v Agee, 140 AD3d 1704, 1704-1705 [2016], lv denied 28 NY3d 925 [2016]).
  • People v. Sakinovic, 149 A.D.3d 1596 (N.Y. App. Div. 4th Dep't 2017).published 3 cites
    We reject that contention (see CPL 720.20 [1] [a]; People v Agee, 140 AD3d 1704, 1704-1705 [2016], lv denied 28 NY3d 925 [2016]), and we decline to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender (…
  • People v. Williams, 145 A.D.3d 1544 (N.Y. App. Div. 4th Dep't 2016).published 2 cites
    We conclude that the court did not thereby abuse its discretion (see People v Agee, 140 AD3d 1704, 1704-1705 [2016], lv denied 28 NY3d 925 [2016]), and we decline to exercise our interest of justice jurisdiction to adjudicate defendant a y…
At page 1705 relevant in making a youthful offender determination (see People v Thomas R.O., 136 AD3d 1400, 1402 [2016]; see generally CPL 720.20 [1] [a]), that the court’s…1 citing caseopening of page *1705 (no citing court says what it cites this page for)
  • People v. Marshall, 214 A.D.3d 1360 (N.Y. App. Div. 4th Dep't 2023).published
    Further, even assuming, arguendo, that there were sufficient mitigating circumstances here, based on our review of the relevant factors to consider in determining whether to afford defendant youthful offender treatment ( see People v Cruic…
The People of the State of New York
v.
Michael D. Agee
Appellate Division of the Supreme Court of the State of New York.
Jun 10, 2016.
Published opinion
140 A.D.3d 1704
Dejoseph, Scudder, Smith, Whalen.
Cited by 12 opinions  |  Published

Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered March 14, 2013. The appeal was held by this Court by order entered June 19, 2015, decision was reserved and the matter was remitted to Niagara County Court for further proceedings (129 AD3d 1559 [2015]). The proceedings were held and completed.

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

Memorandum: We previously held this case, reserved decision, and remitted the matter for County Court to make and state for the record a determination of whether defendant is a youthful offender (People v Agee, 129 AD3d 1559, 1561 [2015]; see generally People v Middlebrooks, 25 NY3d 516, 525-527 [2015]; People v Rudolph, 21 NY3d 497, 499-501 [2013]). Upon remittal, the court declined to grant defendant youthful offender treatment, stating that it was “not persuaded” of the existence of “any mitigating factor or factors” that would render defendant an eligible youth notwithstanding his conviction of armed felonies (see CPL 720.10 [2] [a] [ii]; [3]). We conclude that the court did not thereby abuse its discretion (see generally Middlebrooks, 25 NY3d at 526-527). Defendant’s participation in the crimes cannot be deemed “relatively minor” (CPL 720.10 [3] [ii]), and we conclude that the court properly determined that there are no “mitigating circumstances that bear directly upon the manner in which the [crimes were] committed” (CPL 720.10 [3] [i]; see People v Juliano, 128 AD3d 1521, 1522 [2015], lv denied 26 NY3d 931 [2015]; People v Smith, 118 AD3d 1492, 1493-1494 [2014], lv denied 25 NY3d 953 [2015]). In any event, even assuming, arguendo, that there is sufficient evidence of mitigating circumstances to render defendant eligible for youthful offender treatment, we nevertheless conclude, based on our review of the record and the factors[*1705] relevant in making a youthful offender determination (see People v Thomas R.O., 136 AD3d 1400, 1402 [2016]; see generally CPL 720.20 [1] [a]), that the court’s refusal to adjudicate defendant a youthful offender was not an abuse of discretion (see People v Lewis, 128 AD3d 1400, 1400 [2015], lv denied 25 NY3d 1203 [2015]), and we decline to exercise our interest of justice jurisdiction to adjudicate him a youthful offender (see People v Hall, 130 AD3d 1495, 1496 [2015], lv denied 26 NY3d 968 [2015]; cf. Thomas R.O., 136 AD3d at 1403).

Present— Whalen, P.J., Smith, DeJoseph and Scudder, JJ.