Opinion
2013-10-16
The PEOPLE, etc., respondent, v. Sequamn STORTS, Jr., also known as “P,” appellant.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered May 16, 2012, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The County Court providently exercised its discretion in denying the defendant's application for youthful offender treatment given the defendant's commission of another crime after his arrest for the instant offense, his prior youthful offender adjudication, and his record and background ( see *917People v. Thompson, 16 A.D.3d 603, 604, 792 N.Y.S.2d 142;People v. Roger, 287 A.D.2d 747, 732 N.Y.S.2d 250;People v. Brown, 115 A.D.2d 485, 495 N.Y.S.2d 716;People v. Kane, 100 A.D.2d 944, 474 N.Y.S.2d 847).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).