Opinion
10001 Ind. 1553/14
10-03-2019
The PEOPLE of the State of New York, Respondent, v. WILLIAM J., Defendant-Appellant.
Justine M. Luongo, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Justine M. Luongo, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Acosta, P.J., Renwick, Manzanet–Daniels, Singh, JJ.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered May 12, 2016 convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to five years' probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of adjudicating defendant a youthful offender, and otherwise affirmed.
We do not find that defendant made a valid waiver of his right to appeal. We find the sentence excessive only to the extent it did not include youthful offender treatment.