People v Patric T.
2016 NY Slip Op 02174 [137 AD3d 659]
March 24, 2016
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 27, 2016


[*1]
 The People of the State of New York, Respondent,
v
Patric T., Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (William Terrell III of counsel), respondent.

Judgment, Supreme Court, Bronx County (Ann M. Donnelly, J., at plea; Ralph A. Fabrizio, J., at sentencing), rendered June 20, 2013, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him to a term of 31/2 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of adjudicating defendant a youthful offender and reducing the sentence to a term of five years' probation, and otherwise affirmed.

We find that the circumstances cited by defendant render him an eligible youth (see CPL 720.10 [3] [i]), and we find the sentence, including the denial of youthful offender treatment, excessive to the extent indicated. In light of this determination, we find it unnecessary to reach any other issues. Concur—Mazzarelli, J.P., Manzanet-Daniels, Kapnick and Webber, JJ.