People v Deyvone C.
2018 NY Slip Op 03797 [161 AD3d 648]
May 29, 2018
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 27, 2018


[*1] (May 29, 2018)
 The People of the State of New York, Respondent,
v
Deyvone C., Appellant.

New York County Defender Services, New York (Jessica Horani of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.

Judgment, Supreme Court, New York County (James M. Burke, J.), rendered March 9, 2017, convicting defendant, upon his plea of guilty, of robbery 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 vacating the conviction, adjudicating defendant a youthful offender, and reducing the sentence to a term of 1 to 31/2 years, and otherwise affirmed.

Under the circumstances of this case, including defendant's limited role in a crime where his older cousin displayed what appeared to be a firearm, defendant's lack of a criminal history, and the fact that both the prosecutor and the presentence report recommended youthful offender treatment, we find the sentence excessive to the extent indicated. Concur—Acosta, P.J., Manzanet-Daniels, Tom, Mazzarelli, Moulton, JJ.