| People v Christopher P. |
| 2016 NY Slip Op 00904 [136 AD3d 481] |
| February 9, 2016 |
| Appellate Division, First Department |
| Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, March 23, 2016 |
[*1]
The People of the State of New York,
Respondent, v Christopher P., Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Laura Boyd of counsel),
for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Brian R. Pouliot of counsel), for
respondent.
Judgment, Supreme Court, New York County (Eduardo Padro, J.), rendered
September 5, 2014, as amended September 11, 2014, convicting defendant, upon his plea
of guilty, of robbery in the first degree, adjudicating him a youthful offender, and
sentencing to a term of 11/3 to 4 years, to run consecutively to a sentence
imposed in Bronx County on May 5, 2014, unanimously modified, on the law, to the
extent of directing that the sentence run concurrently with the Bronx sentence, and
otherwise affirmed.
By adjudicating defendant a youthful offender and sentencing him to a term of
11/3 to 4 years, to run consecutively to a sentence of one to three years on
another YO adjudication, the court effectively imposed an aggregate term in excess of
four years for two YO adjudications. The imposition of consecutive terms with an
aggregate term of more than the normal YO maximum of four years "is inconsistent with
the underlying concept of youthful offender treatment and it is unrealistic to conclude
that one eligible for such treatment requires prolonged confinement to achieve the
objectives of the legislation" (People v David H, 70 AD2d 205, 207 [3d Dept
1979]; accord People v Jorge
N.T., 70 AD3d 1456, 1457-1458 [4th Dept 2010], lv denied 14 NY3d
889 [2010]; People v Matthew John G., 60 AD2d 919 [2d Dept 1978]).
Concur—Friedman, J.P., Acosta, Andrias, Saxe and Feinman, JJ.