Opinion
2014-06737, Ind. No. 2698/12.
09-30-2015
The PEOPLE, etc., respondent, v. Geremia RAMIREZ, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Laura T. Ross, and Christine DiSalvo of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Laura T. Ross, and Christine DiSalvo of counsel), for respondent.
Opinion Appeal by the defendant from a resentence of the Supreme Court, Queens County (Chin–Brandt, J.), imposed July 11, 2014, upon his conviction of attempted murder in the second degree, upon his plea of guilty, the resentence being a determinate term of imprisonment of five years to be followed by three years of postrelease supervision, to run concurrently with the term of imprisonment imposed upon the defendant's prior conviction of robbery in the second degree.
ORDERED that the resentence is affirmed.
The Supreme Court providently exercised its discretion in determining that the defendant is not entitled to youthful offender treatment (see CPL 720.20[1] [a] ). Among other things, the court properly considered that the defendant inexplicably shot the 15–year–old victim at close range during a fight at a party, and that the defendant had a prior conviction of robbery in the second degree (see People v. Wright, 44 A.D.3d 692, 841 N.Y.S.2d 892 ; see generally People v. Drayton, 39 N.Y.2d 580, 584, 385 N.Y.S.2d 1, 350 N.E.2d 377 ). Moreover, the defendant received a favorable plea agreement, particularly in light of the fact that the resentence imposed on this conviction was to run concurrently with the term of imprisonment imposed upon the prior robbery conviction (see People v. Huffman, 47 A.D.3d at 646, 850 N.Y.S.2d 473 ).
MASTRO, J.P., BALKIN, CHAMBERS and MALTESE, JJ., concur.