Opinion
2018–14912 Ind.No. 387/17
12-09-2020
The PEOPLE, etc., respondent, v. Jose VASQUEZ, appellant.
Janet E. Sabel, New York, N.Y. (Heidi Bota of counsel), for appellant. Michael E. McMahon, District Attorney, State Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.
Janet E. Sabel, New York, N.Y. (Heidi Bota of counsel), for appellant.
Michael E. McMahon, District Attorney, State Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.
WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Stephen J. Rooney, J.), imposed November 2, 2018, sentencing him to a determinate term of imprisonment of four years, to be followed by 2½ years of postrelease supervision, upon his conviction of criminal possession of a weapon in the second degree, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed from a determinate term of imprisonment of four years, to be followed by 2½ years of postrelease supervision, to a determinate term of imprisonment of 3½ years, to be followed by 2½ years of postrelease supervision.
"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. McEachern, 163 A.D.3d 850, 851, 81 N.Y.S.3d 571 ). Here, the court providently exercised its discretion in denying the defendant youthful offender treatment (see People v. Cooper, 179 A.D.3d 832, 113 N.Y.S.3d 882 ; People v. McEachern, 163 A.D.3d 850, 81 N.Y.S.3d 571 ).
The defendant's sentence is excessive under the circumstances presented (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ). Accordingly, we reduce his determinate term of incarceration to the statutory minimum of 3½ years (see Penal Law § 70.02[1][b] ; [3][b] ).
MASTRO, J.P., MILLER, DUFFY, LASALLE and WOOTEN, JJ., concur.