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PEOPLE v. NUNEZ

Ind. No. 2577/10. Appeal No. 15457. Case No. 2020-01027.

203 A.D.3d 476 (2022)

160 N.Y.S.3d 863

2022 NY Slip Op 01426

The People of the State of New York, Respondent, v. Miguel Nunez, Also Known as Miguel Nunez-Gibbs, Appellant.

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

Decided March 8, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( John L. Palmer of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Morgan Namian of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, Oing, Singh, Scarpulla, JJ.

After remand by this Court for a youthful offender determination (see People v Nunez, 170 A.D.3d 581 [1st Dept 2019], lv denied 33 N.Y.3d 1034 [2019]), and a hearing held on that issue prior to resentencing, the sentencing court providently exercised its discretion in denying youthful offender treatment (see People v Drayton, 39 N.Y.2d 580 [1976]), given the seriousness of...

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