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PEOPLE v. THOMAS

2018-05242. Ind. No. 4142/13.

178 A.D.3d 967 (2019)

113 N.Y.S.3d 555

2019 NY Slip Op 09039

The People of the State of New York, Respondent, v. John Thomas, Appellant.

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

Decided December 18, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Meredith S. Holt of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the brief), for respondent.

Mastro, J.P., Duffy, Barros and Brathwaite Nelson, JJ., concur.

Ordered that the resentence is affirmed.

"The determination of whether to grant or deny youthful offender status rests within the sound discretion of the court and depends upon all the attending facts and circumstances of the case" (People v Hesterbey, 121 A.D.3d 1127, 1128 [2014] [internal quotation marks omitted]; see People v Gourdine, 174 A.D.3d 644, 644 [2019]). Here, we find no basis to disturb the Supreme Court...

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