Opinion
12-15-2016
The PEOPLE of the State of New York, Respondent, v. Ben SIDIBE, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Lauren J. Springer of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Susan Axelrod of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Lauren J. Springer of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Susan Axelrod of counsel), for respondent.
Judgment of resentence, Supreme Court, New York County (Daniel P. Conviser, J.), rendered June 16, 2015, resentencing defendant to an aggregate term of six years, unanimously affirmed.
Following a remand from this court (127 A.D.3d 572, 5 N.Y.S.3d 864 [1st Dept.2015] ), for a youthful offender determination (see People v. Rudolph, 21 N.Y.3d 497, 974 N.Y.S.2d 885, 997 N.E.2d 457 [2013] ), the resentencing court denied defendant youthful offender treatment and reimposed its original sentence. Defendant made a valid waiver of his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), which precludes review of those determinations. Regardless of whether defendant validly waived his right to appeal, we find that the court properly exercised its discretion in denying youthful offender treatment (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 underlying crimes and defendant's continuing pattern of violent conduct during his incarceration, and we perceive no basis for reducing the sentence.ACOSTA, J.P., ANDRIAS, MOSKOWITZ, GISCHE, WEBBER, JJ., concur.