Opinion
16445-, 16445A-, 16445B Ind. Nos. 519/15, 795/15, 203/16 Case No. 2017–2113
10-18-2022
The PEOPLE of the State of New York, Respondent, v. NASEEM J., Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Felicia A. Yancey of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Felicia A. Yancey of counsel), for respondent.
Manzanet–Daniels, J.P., Mazzarelli, Oing, Kennedy, Mendez, JJ.
Judgments, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered January 27, 2016, convicting defendant, upon his pleas of guilty, of robbery in the first degree (three counts), robbery in the second degree and promoting prison contraband in the first degree, adjudicating him a youthful offender as to the latter two convictions only, and sentencing him to an aggregate term of five years, unanimously affirmed.
The sentencing court providently exercised its discretion in denying youthful offender treatment except as indicated (see People v. Drayton, 39 N.Y.2d 580, 385 N.Y.S.2d 1, 350 N.E.2d 377 [1976] ), given the seriousness of the knifepoint robberies and defendant's criminal record, particularly regarding defendant's conduct while awaiting sentencing (see People v. Nunez, 203 A.D.3d 476, 477, 160 N.Y.S.3d 863 [1st Dept. 2022], lv denied 38 N.Y.3d 1073, 171 N.Y.S.3d 460, 191 N.E.3d 412 [2022] ).
We find it unnecessary to reach the question of whether CPL 420.35(2–a) applies retroactively, because we do not find that vacatur of the surcharges and fees, as a matter of discretion in the interest of justice, would be appropriate under the circumstances of this case ( id. at 477, 160 N.Y.S.3d 863 ).