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People v. Beyjones

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 26, 2020
186 A.D.3d 848 (N.Y. App. Div. 2020)

Opinion

2018–06753 2018–06754 Ind.Nos. 923/16, 2012/17

08-26-2020

The PEOPLE, etc., respondent, v. Jahmeek BEYJONES, appellant.

Janet E. Sabel, New York, N.Y. (Heidi Bota of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and Danielle S. Fenn of counsel; Sade Donald on the memorandum), for respondent.


Janet E. Sabel, New York, N.Y. (Heidi Bota of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and Danielle S. Fenn of counsel; Sade Donald on the memorandum), for respondent.

REINALDO E. RIVERA, J.P. JOSEPH J. MALTESE BETSY BARROS VALERIE BRATHWAITE NELSON ANGELA G. IANNACCI, JJ.

DECISION & ORDER Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Queens County (Robert Charles Kohm, J.), both imposed October 17, 2017, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in declining to adjudicate the defendant a youthful offender given the attendant circumstances and the seriousness of the defendant's criminal conduct (see CPL 720.20[1] ; People v. Cooper, 179 A.D.3d 832, 833, 113 N.Y.S.3d 882 ; People v. Hesterbey, 121 A.D.3d 1127, 1128, 994 N.Y.S.2d 421 ; People v. Booker, 111 A.D.3d 759, 759–760, 974 N.Y.S.2d 794 ; People v. Lopez, 82 A.D.3d 906, 907, 919 N.Y.S.2d 340 ). The sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Beyjones

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 26, 2020
186 A.D.3d 848 (N.Y. App. Div. 2020)
Case details for

People v. Beyjones

Case Details

Full title:The People of the State of New York, respondent, v. Jahmeek Beyjones…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Aug 26, 2020

Citations

186 A.D.3d 848 (N.Y. App. Div. 2020)
2020 N.Y. Slip Op. 4755
127 N.Y.S.3d 766

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