PEOPLE v. RIVERA

No. 64.

2023 NY Slip Op 05967

THE PEOPLE & C., Respondent, v. JOSE M. RIVERA, Appellant.

Court of Appeals of New York.

Decided November 21, 2023.


Attorney(s) appearing for the Case

Guy Talia , for appellant.

Lisa Gray , for respondent.

Hon. Letitia James , New York State Attorney General, intervenor.


MEMORANDUM:

The order of the Appellate Division should be affirmed.

Defendant Jose M. Rivera argues that the sentencing court failed to exercise its discretion pursuant to Criminal Procedure Law § 720.10 to determine whether qualifying mitigating circumstances existed that would make him eligible for youthful offender adjudication. We hold that the court did exercise its discretion in making the required eligibility determination. Defendant also advances...

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