People v Ayende |
2017 NY Slip Op 01375 |
Decided on February 22, 2017 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on February 22, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SANDRA L. SGROI
JOSEPH J. MALTESE
BETSY BARROS, JJ.
2016-00625
2016-00755
v
Felix Ayende, appellant. (Ind. Nos. 67/12, 135/12)
Yasmin Daley Duncan, Brooklyn, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
DECISION & ORDER
Appeals by the defendant from two resentences of the County Court, Dutchess County (Greller, J.), both imposed December 10, 2015, upon his convictions of criminal contempt in the first degree (two counts) under Indictment No. 67/12, and robbery in the first degree under Indictment No. 135/12, upon his pleas of guilty.
ORDERED that the resentences are affirmed.
Under the circumstances of this case, including the seriousness of the crimes, the County Court providently exercised its discretion in denying the defendant youthful offender treatment (see CPL 720.20[1]; People v Bae, 137 AD3d 804; People v Almonte, 122 AD3d 870). In addition, the resentences imposed were not excessive (see People v Suitte, 90 AD2d 80).
DILLON, J.P., CHAMBERS, SGROI, MALTESE and BARROS, JJ., concur.
ENTER: Aprilanne Agostino Clerk of the Court