Opinion
2013-04-30
The PEOPLE of the State of New York, Respondent, v. Dwayne BLYDEN, Defendant–Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Lauren Stephens–Davidowitz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karinna M. Arroyo of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Lauren Stephens–Davidowitz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karinna M. Arroyo of counsel), for respondent.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered November 10, 2010, as amended June 21, 2012, convicting defendant, upon his plea of guilty, of grand larceny in the third degree, and sentencing him to a term of 364 days, unanimously modified, as a matter of discretion in the interest of justice, to the extent of adjudicating defendant a youthful offender, and otherwise affirmed.
*862We find the sentence excessive to the extent it did not include youthful offender treatment.