People v. Eyubeh

Appellate Division of the Supreme Court of New York

People v. Eyubeh

1 A.D.3d 295, 767 N.Y.S.2d 594, 2003 N.Y. App. Div. LEXIS 12524

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 25, 2003

StatusPublished

This text of 1 A.D.3d 295 (People v. Eyubeh) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Eyubeh, 1 A.D.3d 295, 767 N.Y.S.2d 594, 2003 N.Y. App. Div. LEXIS 12524 (N.Y. Ct. App. 2003).

Pincite

Opinion

Judgment, Supreme Court, New York County (Carol Berk-man, J.), rendered February 4, 2003, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of four years, unanimously affirmed.

The court properly declined to sentence defendant as a youthful offender. Since defendant was convicted of an armed felony, youthful offender treatment would require a showing of mitigating circumstances (CPL 720.10 [2] [a] [ii]; [3]), and we do not find that such circumstances were present. In any event, given the circumstances of the crime, denial of youthful offender treatment was a proper exercise of discretion. Concur—Nardelli, J.P, Andrias, Rosenberger and Friedman, JJ.

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Judgment, Supreme Court, New York County (Carol Berk-man, J.), rendered February 4, 2003, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of four years, unanimously affirmed.

The court properly declined to sentence defendant as a youthful offender. Since defendant was convicted of an armed felony, youthful offender treatment would require a showing of mitigating circumstances (CPL 720.10 [2] [a] [ii]; [3]), and we do not find that such circumstances were present. In any event, given the circumstances of the crime, denial of youthful offender treatment was a proper exercise of discretion. Concur—Nardelli, J.P, Andrias, Rosenberger and Friedman, JJ.

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Bluebook (online)

1 A.D.3d 295, 767 N.Y.S.2d 594, 2003 N.Y. App. Div. LEXIS 12524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-eyubeh-nyappdiv-2003.