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PEOPLE v. ALMODOVAR

11327.

182 A.D.3d 417 (2020)

119 N.Y.S.3d 855

2020 NY Slip Op 02164

The People of the State of New York, Respondent, v. Eshawn Almodovar, Appellant.

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

Decided April 2, 2020.

Given the seriousness of the underlying crime, during which defendant shot two victims, killing one of them, we find that the resentencing court providently exercised its discretion in denying youthful offender treatment (see generally People v Drayton, 39 N.Y.2d 580 [1976]), and in reducing the original sentence from 20 years to 15 years. We perceive no basis for further reducing...

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