People v. Steven B.

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

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.