Opinion
620 292/12.
03-24-2016
The PEOPLE of the State of New York, Respondent, v. PATRIC T., Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (William Terrell III of counsel), respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (William Terrell III of counsel), respondent.
Opinion
Judgment, Supreme Court, Bronx County (Ann M. Donnelly, J. at plea; Ralph A. Fabrizio, J. at sentencing), rendered June 20, 2013, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him to a term of 3 ½ 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 5 years' probation, and otherwise affirmed.
We find that the circumstances cited by defendant render him an eligible youth (see CPL 720.103[i] ), and we find the sentence, including the denial of youthful offender treatment, excessive to the extent indicated. In light of this determination, we find it unnecessary to reach any other issues.
MAZZARELLI, J.P., MANZANET–DANIELS, KAPNICK, WEBBER, JJ., concur.