Opinion
2019–07972 Ind. No. 5222/09
03-02-2022
The PEOPLE, etc., respondent, v. David ALLEYNE, appellant.
Patricia Pazner, New York, NY (Nao Terai and Ava C. Page of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel; Lawrance Choi on the brief), for respondent.
Patricia Pazner, New York, NY (Nao Terai and Ava C. Page of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel; Lawrance Choi on the brief), for respondent.
COLLEEN D. DUFFY, J.P., CHERYL E. CHAMBERS, LINDA CHRISTOPHER, JOSEPH A. ZAYAS, JJ.
DECISION & ORDER
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Donald Leo, J.), imposed June 13, 2019, upon his conviction of course of sexual conduct against a child in the first degree, upon his plea of guilty, after remittitur from this Court for resentencing (see People v. Alleyne, 169 A.D.3d 710, 91 N.Y.S.3d 702 ).
ORDERED that the resentence is affirmed.
"The determination of whether to grant or deny youthful offender status rests within the sound discretion of the court and depends upon all the attending facts and circumstances of the case" ( People v. Hesterbey, 121 A.D.3d 1127, 1128, 994 N.Y.S.2d 421 [internal quotation marks omitted]; see People v. Mullings, 83 A.D.3d 871, 872, 921 N.Y.S.2d 152 ). Here, we find no basis to disturb the Supreme Court's determination denying youthful offender status to the defendant (see CPL 720.20[1] ; People v. Hesterbey, 121 A.D.3d at 1128, 994 N.Y.S.2d 421 ; see also People v. Beyjones, 186 A.D.3d 848, 849, 127 N.Y.S.3d 766 ).
The resentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DUFFY, J.P., CHAMBERS, CHRISTOPHER and ZAYAS, JJ., concur.