Opinion
2017–05367 2017–05369 Ind. Nos. 8015/13, 8397/13
08-22-2018
The PEOPLE, etc., respondent, v. Raymond MINAYA, appellant.
Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Masha Simonova on the brief), for respondent.
Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Masha Simonova on the brief), for respondent.
JOHN M. LEVENTHAL, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, BETSY BARROS, JJ.
DECISION & ORDER
Appeals by the defendant from two resentences of the Supreme Court, Kings County (Martin P. Murphy, J.), both imposed May 3, 2017, after remittitur from this Court for resentencing (see People v. Minaya, 147 A.D.3d 978, 46 N.Y.S.3d 802 ), upon his convictions of robbery in the third degree under Indictment No. 8015/13, and attempted murder in the second degree under Indictment No. 8397/13, upon his pleas of guilty.
ORDERED that the resentences are 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. Dhillon, 157 A.D.3d 900, 900–901, 66 N.Y.S.3d 911 ; People v. Mullings, 83 A.D.3d 871, 872, 921 N.Y.S.2d 152 ). Here, weighing all of the relevant circumstances, the Supreme Court providently exercised its discretion in denying the defendant youthful offender treatment (see CPL 720.20[1] ; People v. Dawkins, 146 A.D.3d 898, 899, 44 N.Y.S.3d 770 ; People v. Green, 110 A.D.3d 825, 826, 973 N.Y.S.2d 679 ).
LEVENTHAL, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.