Opinion
11-19-2014
The PEOPLE, etc., respondent, v. Samuel ALMONTE, appellant.
Lynn W.L. Fahey, New York, N.Y. (Bryan D. Kreykes of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel; Jacob Rosenberg on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Bryan D. Kreykes of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel; Jacob Rosenberg on the brief), for respondent.
Opinion Appeal by the defendant from a judgment of the Supreme Court, Kings County (Riviezzo, J.), rendered August 1, 2013, convicting him of attempted assault in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Under the circumstances of this case, including, inter alia, the serious nature of the instant crime, the Supreme Court did not improvidently exercise its discretion in denying the defendant youthful offender treatment (see CPL 720.20[1] ; People v. Booker, 111 A.D.3d 759, 759–760, 974 N.Y.S.2d 794 ; People v. Green, 110 A.D.3d 825, 826, 973 N.Y.S.2d 679 ; People v. Williams, 110 A.D.3d 746, 747, 972 N.Y.S.2d 94 ; see also People v. Rudolph, 21 N.Y.3d 497, 974 N.Y.S.2d 885, 997 N.E.2d 457 ), and we decline to disturb that determination (see People v. Mullings, 83 A.D.3d 871, 872, 921 N.Y.S.2d 152 ).
RIVERA, J.P., LEVENTHAL, HINDS–RADIX and BARROS, JJ., concur.