Opinion
2016–06866 Ind. No. 935/13
06-12-2019
The PEOPLE, etc., Respondent, v. Barshem SANFORD, Appellant.
Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, William H. Branigan, and Rachel N. Houle of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, William H. Branigan, and Rachel N. Houle of counsel), for respondent.
WILLIAM F. MASTRO, J.P., MARK C. DILLON, JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by providing that all terms of imprisonment shall run concurrently with each other; as so modified, the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion in denying him youthful offender treatment. The record supports the court's determination that the defendant, a youth convicted of an armed felony offense, did not establish the requisite mitigating circumstances bearing directly upon the manner in which the crime was committed so as to render him eligible for youthful offender treatment (see CPL 720.10[2][a] ; [3]; People v. D.M. , 168 A.D.3d 879, 89 N.Y.S.3d 906 ; People v. Mackson , 154 A.D.3d 780, 781, 61 N.Y.S.3d 508 ; People v. Keith , 144 A.D.3d 705, 706, 39 N.Y.S.3d 808 ).
The defendant's contention that the sentences imposed were improperly based on crimes of which he was acquitted is unpreserved for appellate review, as the defendant did not raise this issue at the time of sentencing (see CPL 470.05[2] ; People v. Hooks , 148 A.D.3d 930, 931–932, 49 N.Y.S.3d 499 ; People v. Wingate , 142 A.D.3d 630, 36 N.Y.S.3d 607 ; People v. Malcolm , 131 A.D.3d 1068, 1071, 16 N.Y.S.3d 306 ). In any event, the contention is without merit (see People v. Hall , 46 N.Y.2d 873, 875, 414 N.Y.S.2d 678, 387 N.E.2d 610 ; People v. Guerrero , 129 A.D.3d 1102, 1103, 12 N.Y.S.3d 272 ; People v. Morgan , 27 A.D.3d 579, 580, 810 N.Y.S.2d 369 ). Nevertheless, under the circumstances of this case, the sentence imposed was excessive to the extent indicated herein (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
MASTRO, J.P., DILLON, MALTESE and BRATHWAITE NELSON, JJ., concur.