PEOPLE v. PHILLIPS

Judgment 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) in connection with the late-night robbery of a 94-year-old man in the man's home. We reject the contention of defendant that County Court abused its discretion in denying his request for youthful offender status ( see, CPL 720.20 [a]). Despite defendant's limited involvement in causing injury to the victim, the violent nature of the crime is sufficient reason to deny defendant's request ( see, People v. Woods, 239 A.D.2d 630, 631, lv denied 89 N.Y.2d 1103). We decline to exercise our power to adjudicate defendant a youthful offender as a matter of discretion in the interest of justice ( see generally, CPL 470.15 [a]; cf., People v. Shrubsall, 167 A.D.2d 929, 930). The sentence is neither unduly harsh nor severe.