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People v. Eyubeh

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 2003
1 A.D.3d 295 (N.Y. App. Div. 2003)

Opinion

2294.

November 25, 2003.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered February 4, 2003, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of 4 years, unanimously affirmed.

Christopher Wilson, for Respondent.

Kenneth Ives, for Defendant-Appellant.

Before: Nardelli, J.P., Andrias, Rosenberger, Friedman, JJ.


The court properly declined to sentence defendant as a youthful offender. Since defendant was convicted of an armed felony, youthful offender treatment would require a showing of mitigating circumstances (CPL 720.10[a][ii];[3]), and we do not find that such circumstances were present. In any event, given the circumstances of the crime, denial of youthful offender treatment was a proper exercise of discretion.


Summaries of

People v. Eyubeh

Appellate Division of the Supreme Court of New York, First Department
Nov 25, 2003
1 A.D.3d 295 (N.Y. App. Div. 2003)
Case details for

People v. Eyubeh

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ONORIODE EYUBEH…

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

Date published: Nov 25, 2003

Citations

1 A.D.3d 295 (N.Y. App. Div. 2003)
767 N.Y.S.2d 594