PEOPLE v. ALLEN

2020-06740, Ind. No. 9995/16.

206 A.D.3d 669 (2022)

168 N.Y.S.3d 542

2022 NY Slip Op 03525

The People of the State of New York, Respondent, v. Malik Allen, Appellant.

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

Decided June 1, 2022.


Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Jonathan Schoepp-Wong and Sarah Cohen of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Jodi L. Mandel , and Melissa Wachs of counsel), for respondent.

Barros, J.P., Chambers, Miller and Dowling, JJ., concur.


Ordered that the resentence is modified, on the law and as a matter of discretion in the interest of justice, by vacating so much of the resentence as imposed mandatory surcharges and fees; as so modified, the resentence is affirmed.

The Supreme Court providently exercised its discretion in declining to adjudicate the defendant a youthful offender. One exception to eligibility for youthful offender treatment is where, as here, a defendant has been convicted of criminal...

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