Opinion
2018–03500 Ind.No. 6297/16
06-17-2020
The PEOPLE, etc., respondent, v. Gabriel HERNANDEZ, appellant.
Paul Skip Laisure, New York, N.Y. (Benjamin Welikson of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Jonathan Andrew Perez of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Benjamin Welikson of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Jonathan Andrew Perez of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., WILLIAM F. MASTRO, LINDA CHRISTOPHER, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin P. Murphy, J.), rendered August 10, 2017, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Pursuant to a plea agreement, the defendant pleaded guilty to attempted criminal possession of a weapon in the second degree in exchange for a promised sentence of a definite term of imprisonment of one year. At sentencing, after considering and denying the defendant's request for youthful offender treatment, the Supreme Court imposed the promised sentence.
Contrary to the defendant's contention, the record demonstrates that the Supreme Court properly considered whether the defendant, an eligible youth, should be afforded youthful offender treatment (see CPL 720.10[1], [2] ; People v. Whidbee, 164 A.D.3d 623, 623–624, 78 N.Y.S.3d 674 ). Furthermore, given that the defendant shot and wounded the victim in the arm with a loaded firearm inside a busy nightclub and, inter alia, the defendant's history of violent acts, the court providently exercised its discretion in denying the defendant youthful offender treatment (see CPL 720.20[1] ; People v. Gilliard, 150 A.D.3d 1147, 1148, 52 N.Y.S.3d 639 ; People v. Cruickshank, 105 A.D.2d 325, 334, 484 N.Y.S.2d 328, affd sub nom. People v. Dawn Maria C., 67 N.Y.2d 625, 499 N.Y.S.2d 663, 490 N.E.2d 530 ).
The defendant's remaining contention is without merit (see People v. Taylor, 1 N.Y.3d 174, 177–178, 770 N.Y.S.2d 711, 802 N.E.2d 1109 ; People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. Rivera, 71 N.Y.2d 705, 708–709, 530 N.Y.S.2d 52, 525 N.E.2d 698 ).
SCHEINKMAN, P.J., MASTRO, CHRISTOPHER and WOOTEN, JJ., concur.