People v. Lormil

2017 NY Slip Op 3194, 149 A.D.3d 1101, 50 N.Y.S.3d 888

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 26, 2017
• Docket: 2016-07693
• Status: Published

Opinion

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Simpson, J.), imposed July 20, 2016, upon remittitur from this Court for resentencing (see People v Lormil, 134 AD3d 958 [2015]), upon her conviction of gang assault in the second degree, upon a jury verdict.

Ordered that the resentence is affirmed.

“ ‘The determination of whether to grant or deny youthful offender status rests within the sound discretion of the court and depends upon all the attending facts and circumstances of the case’ ” (People v Mullings, 83 AD3d 871, 872 [2011], quoting People v Ortega, 114 AD2d 912, 912 [1985]; see People v Dawkins, 146 AD3d 898 [2017]). Here, contrary to the defendant’s contention, the Supreme Court providently exercised its discretion in denying the defendant youthful offender status (see CPL 720.20 [1]; People v Dawkins, 146 AD3d at 898; People v Green, 110 AD3d 825, 826 [2013]; People v Barrett, 105 AD3d 862, 864 [2013]; People v Santiago, 101 AD3d 1155 [2012]). Further, the resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Balkin, J.P., Austin, LaSalle and Brathwaite Nelson, JJ., concur.