Opinion
2017-10951 Ind. No. 3398/13
07-10-2019
The PEOPLE, etc., Respondent, v. Dante NEWMAN, Appellant.
Paul Skip Laisure, New York, N.Y. (Nao Terai of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jill Oziemblewski, and Niki Bargueiras of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Nao Terai of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jill Oziemblewski, and Niki Bargueiras of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., COLLEEN D. DUFFY, BETSY BARROS, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Vincent Del Giudice, J.), imposed October 18, 2017, upon his conviction of assault in the first degree and attempted robbery in the first degree, upon a jury verdict, after remittitur from this Court for resentencing (see People v. Newman, 153 A.D.3d 639, 57 N.Y.S.3d 412 ).
ORDERED that the resentence is affirmed.
Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion in declining to adjudicate the defendant a youthful offender (see People v. D.M., 168 A.D.3d 879, 89 N.Y.S.3d 906 ). Further, the resentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
LEVENTHAL, J.P., DUFFY, BARROS and IANNACCI, JJ., concur.