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People v. Eyubeh
2003 N.Y. App. Div. LEXIS 12524
| N.Y. App. Div. | 2003
|
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Judgment, Supreme Court, New York County (Carol Berk-man, J.), rendered February 4, 2003, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of four years, unanimously affirmed.

The court properly declined to sentence defendant as a youthful offender. Since defendant was convicted of an armed felony, youthful offender treatment would require a showing of mitigating circumstances (CPL 720.10 [2] [a] [ii]; [3]), and we do not find that such circumstances were present. In any event, given the circumstances of the crime, denial of youthful offender treatment was a proper exercise of discretion. Concur—Nardelli, J.P, Andrias, Rosenberger and Friedman, JJ.

Case Details

Case Name: People v. Eyubeh
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Nov 25, 2003
Citation: 2003 N.Y. App. Div. LEXIS 12524
Court Abbreviation: N.Y. App. Div.
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