| People v William J. |
| 2019 NY Slip Op 07138 |
| Decided on October 3, 2019 |
| Appellate Division, First 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 October 3, 2019
Acosta, P.J., Renwick, Manzanet-Daniels, Singh, JJ.
10001 1553/14
v
William J., Defendant-Appellant.
Justine M. Luongo, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered May 12, 2016 convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to five years' probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of adjudicating defendant a youthful offender, and otherwise affirmed.
We do not find that defendant made a valid waiver of his right to appeal. We find the sentence excessive only to the extent it did not include youthful offender treatment.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 3, 2019
CLERK