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People v. Davis

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 1991
170 A.D.2d 379 (N.Y. App. Div. 1991)

Opinion

February 26, 1991

Appeal from the Supreme Court, New York County (Carol Berkman, J.).


The decision to grant youthful offender treatment lies within the discretion of the sentencing court. (CPL 720.20 [a].) In determining whether to grant an application for youthful offender status, "the factors to be considered include the gravity of the crime and manner in which it was committed, mitigating circumstances, defendant's prior criminal record, prior acts of violence, recommendations in the presentence reports, defendant's reputation, the level of cooperation with authorities, defendant's attitude toward society and respect for the law, and the prospects for rehabilitation and hope for a future constructive life". (People v Cruickshank, 105 A.D.2d 325, 334, affd sub nom. People v Dawn Maria C., 67 N.Y.2d 625.) Upon our review of the record, the sentencing court's denial of youthful offender treatment was eminently proper and appropriate, and we conclude that the interests of justice would not be served by relieving defendant of the "onus of a criminal record". (CPL 720.20 [a].)

Concur — Ross, J.P., Carro, Milonas, Rosenberger and Asch, JJ.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 1991
170 A.D.2d 379 (N.Y. App. Div. 1991)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL DAVIS, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 26, 1991

Citations

170 A.D.2d 379 (N.Y. App. Div. 1991)