People v Tyson
2016 NY Slip Op 07261 [144 AD3d 441]
November 3, 2016
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4, 2017


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

Seymour W. James, Jr., The Legal Aid Society, New York (Desiree Sheridan of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), for respondent.

Judgment, Supreme Court, New York County (Eduardo Padró, J.), rendered March 8, 2013, as amended April 17, 2013, convicting defendant, upon her plea of guilty, of assault in the first degree, and sentencing her, as a juvenile offender, to a term of 21/2 to 71/2 years, unanimously affirmed.

The court properly exercised its discretion in denying youthful offender treatment (see generally People v Drayton, 39 NY2d 580 [1976]), given the heinousness of the crime, defendant's failure to comply with the conditions of her plea, and her involvement in additional violent crimes for which a Bronx indictment was pending at the time of sentencing on this case.

We perceive no basis for reducing the sentence. Concur—Friedman, J.P., Renwick, Feinman, Gische and Kapnick, JJ.