People v. Hall

204 A.D.3d 1042

165 N.Y.S.3d 336 (Mem)

The PEOPLE, etc., respondent,

v.Ray HALL, appellant.

2018–08512

Ind. No. 5926/15

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

Argued—April 7, 2022

April 27, 2022

Patricia Pazner, New York, NY (Meredith S. Holt of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.

MARK C. DILLON, J.P., ANGELA G. IANNACCI, REINALDO E. RIVERA, PAUL WOOTEN, JJ.

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Deborah Dowling, J.), imposed June 22, 2018, upon his conviction of attempted assault in the first degree, upon his plea of guilty, upon remittitur from this Court for resentencing (see People v. Hall, 160 A.D.3d 896, 73 N.Y.S.3d 898 ).

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. Ogando, 194 A.D.3d 963, 964, 144 N.Y.S.3d 377, quoting People v. McEachern, 163 A.D.3d 850, 851, 81 N.Y.S.3d 571 [internal quotation marks omitted]). Here, the Supreme Court providently exercised its discretion in denying the defendant youthful offender treatment (see People v. Beyjones, 186 A.D.3d 848, 127 N.Y.S.3d 766 ; People v. Dhillon, 157 A.D.3d 900, 901, 66 N.Y.S.3d 911 ).

Further, the resentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

DILLON, J.P., IANNACCI, RIVERA and WOOTEN, JJ., concur.