People v. Steven B.

2017 NY Slip Op 1149, 147 A.D.3d 493, 46 N.Y.S.3d 779

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 14, 2017
• Docket: 2834 3034/14
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Neil E. Ross, J., at plea and sentencing), rendered June 26, 2015, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him to an indeterminate prison term of IV3 to 4 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of adjudicating defendant a youthful offender and reducing the sentence to a term of six months incarceration and five years’ probation, with the condition that defendant participate in a mental health and substance abuse program under the direction of the Probation Department, and otherwise affirmed.

We find that defendant’s circumstances render him an eligible youth (see CPL 720.10 [3] [i]). In addition, we find the sentence, including the denial of youthful offender treatment, excessive to the extent indicated.

Concur — Sweeny, J.P., Renwick, Andrias, Kahn and Gesmer, JJ.