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PEOPLE v. BISCAIN

7067, 5560/08.

93 A.D.3d 481 (2012)

939 N.Y.S.2d 850

2012 NY Slip Op 1767

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANCELMO BISCAIN, JR., Appellant.

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

Decided March 13, 2012.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 N.Y.2d 580 [1976]). Since defendant was convicted of an armed felony, youthful offender treatment would require a showing of mitigating circumstances or relatively minor participation in the crime (CPL 720.10 [2] [a] [ii];[3]), and we do not find that those criteria applied to the facts of this case. In any event...

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