PEOPLE v. LUGO

Ind. No. 899/18. Appeal No. 15942. Case No. 2021-03395.

205 A.D.3d 524 (2022)

166 N.Y.S.3d 523

2022 NY Slip Op 03213

The People of the State of New York, Respondent, v. Antonio Lugo, Appellant.

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

Decided May 17, 2022.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Anjali Pathmanathan of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Amanda Katherine Regan of counsel), for respondent.

Concur— Mazzarelli, J.P., Oing, Moulton, González, Kennedy, JJ.


The court providently exercised its discretion in denying youthful offender treatment. Because defendant was convicted of one of the sex crimes enumerated in CPL 720.10(2)(a)(iii), he was not eligible for such treatment in the absence of mitigating circumstances that "bear directly upon the manner in which the crime was committed" (CPL 720.10[3]). The record does not establish any mitigating circumstances of the type contemplated by the statute, and, given the circumstances...

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