PEOPLE v. EYUBEH


1 A.D.3d 295 (2003)

767 N.Y.S.2d 594

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ONORIODE EYUBEH, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 25, 2003.


The court properly declined to sentence defendant as a youthful offender. Since defendant was convicted of an armed felony, youthful offender treatment would require a showing of mitigating circumstances (CPL 720.10 [2] [a] [ii]; [3]), and we do not find that such circumstances were present. In any event, given the circumstances of the crime, denial of youthful offender treatment was a proper exercise...

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