Opinion
2022–00820 (Ind. No. 1554/07)
02-01-2023
Alexis G. Padilla, Brooklyn, NY, for appellant. Raymond A. Tierney, District Attorney, Riverhead, NY (Marion Tang and Glenn Green of counsel), for respondent.
Alexis G. Padilla, Brooklyn, NY, for appellant.
Raymond A. Tierney, District Attorney, Riverhead, NY (Marion Tang and Glenn Green of counsel), for respondent.
COLLEEN D. DUFFY, J.P., ROBERT J. MILLER, DEBORAH A. DOWLING, BARRY E. WARHIT, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a resentence of the County Court, Suffolk County (Timothy Mazzei, J.), imposed January 5, 2022, after remittitur from this Court for resentencing (see People v. Slide, 197 A.D.3d 1184, 153 N.Y.S.3d 622 ), on the ground that the resentence was excessive.
ORDERED that the resentence is affirmed.
Contrary to the defendant's contention, the record demonstrates that the County Court properly considered whether the defendant should be afforded youthful offender treatment (see CPL 720.10[1], [2] ; People v. Martinez, 200 A.D.3d 806, 807, 155 N.Y.S.3d 107 ). Furthermore, the court providently exercised its discretion in denying youthful offender treatment to the defendant (see People v. Taylor, 209 A.D.3d 772, 773, 174 N.Y.S.3d 898 ; People v. Dhillon, 157 A.D.3d 900, 901, 66 N.Y.S.3d 911 ).
The resentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DUFFY, J.P., MILLER, DOWLING and WARHIT, JJ., concur.