PEOPLE v. PEK

8135. 2345/15.

168 A.D.3d 526 (2019)

89 N.Y.S.3d 894

2019 NY Slip Op 00362

The People of the State of New York, Respondent, v. Eric Pek, Appellant.

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

Decided January 17, 2019.


The court properly denied youthful offender treatment. Because defendant was convicted of rape in the first degree, youthful offender treatment would require a showing of mitigating circumstances (CPL 720.10 [2] [a] [iii]; [3]), and the record supports the court's finding that such circumstances did not exist in this case. Defendant's participation in this extremely violent crime was very significant. In any event, regardless of eligibility, youthful offender treatment was...

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