PEOPLE v. ALLEYNE

2019-07972. Ind. No. 5222/09.

203 A.D.3d 732 (2022)

160 N.Y.S.3d 634

2022 NY Slip Op 01305

The People of the State of New York, Respondent, v. David Alleyne, Appellant.

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

Decided March 2, 2022.


Attorney(s) appearing for the Case

Patricia Pazner, New York, NY ( Nao Terai and Ava C. Page of counsel), for appellant.

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

Duffy, J.P., Chambers, Christopher and Zayas, 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 Mullings, 83 A.D.3d 871, 872 [2011]). Here, we find...

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