Opinion
11851 Ind. 5103/08
07-16-2020
The PEOPLE of the State of New York, Respondent, v. Andre FIELDS, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Allen Fallek of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Allen Fallek of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.
Manzanet–Daniels, J.P., Mazzarelli, Gesmer, Oing, Singh, JJ.
Judgment of resentence, Supreme Court, New York County (Thomas Farber, J.), rendered January 19, 2016, resentencing defendant to an aggregate term of 10 years, unanimously affirmed.
The court properly denied youthful offender treatment. The record supports the court's finding that defendant was ineligible for such an adjudication because he was convicted of armed felonies and his participation was not "relatively minor" ( CPL 720.10[2][a] ; [3][ii] ). In any event, we find no basis to disturb the court's alternative determination that, regardless of eligibility, youthful offender treatment was not warranted.