PEOPLE v. ROSADO

2017-05559, Ind. No. 12-00899.

173 A.D.3d 776 (2019)

99 N.Y.S.3d 702

2019 NY Slip Op 04422

The People of the State of New York, Respondent, v. Exander Rosado, Appellant.

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

Decided June 5, 2019.


Ordered that the resentence is affirmed.

The Supreme Court did not improvidently exercise its discretion in declining to adjudicate the defendant a youthful offender. Since the defendant was convicted of an armed felony, he was eligible to have that conviction replaced with a youthful offender adjudication only if there were "mitigating circumstances that [bore] directly upon the manner in which the crime was committed...

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