You are here: / / DESPITE THE TRAGIC CIRCUMSTANCES WHICH PRECEDED DEFENDANT’S CRIMINAL...

DESPITE THE TRAGIC CIRCUMSTANCES WHICH PRECEDED DEFENDANT’S CRIMINAL OFFENSES, COUNTY COURT DID NOT ABUSE ITS DISCRETION IN DENYING YOUTHFUL OFFENDER STATUS 3RD DEPT.

The Third Department, over a strong dissent, determined the denial of youthful offender status was not an abuse of discretion. Defendant lost both parents, dropped out of school after having been a successful student and admitted to college, became addicted to drugs, and was targeted and victimized by persons who moved into his home. He had never before committed a crime. He pled guilty to seven burglaries which took place in the space of two weeks:

Defendant contends that County Court abused its discretion in denying him youthful offender status and that the sentence imposed was harsh and excessive. “[T]he decision to grant or deny youthful offender status rests within the sound exercise of the sentencing court’s discretion and, absent a clear abuse of that discretion, its decision will not be disturbed” … . Upon our review of the record, we are unpersuaded that County Court abused its discretion in denying defendant’s application for youthful offender status … . In making its determination, County Court considered numerous mitigating circumstances, including, among other things, defendant’s youth, his lack of a criminal record or prior acts of violence, his cooperation with authorities, his familial history and his expressed remorse for his conduct … .. Nevertheless, based upon the seriousness of the charges for which defendant was convicted and the fact that he willingly participated in seven separate and distinct residential burglaries over a two-week period, we perceive no abuse of discretion in County Court’s ultimate decision to deny defendant youthful offender status … . Nor do we find any extraordinary circumstances or an abuse of discretion that would warrant a reduction of his sentence … . People v Strong, 2017 NY Slip Op 05876, 3rd Dept 7-27-17

CRIMINAL LAW (YOUTHFUL OFFENDER, DESPITE THE TRAGIC CIRCUMSTANCES WHICH PRECEDED DEFENDANT’S CRIMINAL OFFENSES, COUNTY COURT DID NOT ABUSE ITS DISCRETION IN DENYING YOUTHFUL OFFENDER STATUS 3RD DEPT)/SENTENCING (YOUTHFUL OFFENDER, DESPITE THE TRAGIC CIRCUMSTANCES WHICH PRECEDED DEFENDANT’S CRIMINAL OFFENSES, COUNTY COURT DID NOT ABUSE ITS DISCRETION IN DENYING YOUTHFUL OFFENDER STATUS 3RD DEPT)/YOUTHFUL OFFENDER (DESPITE THE TRAGIC CIRCUMSTANCES WHICH PRECEDED DEFENDANT’S CRIMINAL OFFENSES, COUNTY COURT DID NOT ABUSE ITS DISCRETION IN DENYING YOUTHFUL OFFENDER STATUS 3RD DEPT)

You might also like
POSSESSION OF MARIJUANA CONSTITUTED DISQUALIFYING MISCONDUCT.
LIMOUSINE DRIVER WAS AN EMPLOYEE ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS (THIRD DEPT).
THE REASONS PROVIDED BY THE ZONING BOARD OF APPEALS FOR THE DENIAL OF A USE VARIANCE TO ALLOW CONSTRUCTION OF A SOLAR ARRAY WERE IRRATIONAL (THIRD DEPT). ​
Petitioner Was Entitled to a Reduction in the Assessed Value of a Home Depot Store Based Upon Its Expert’s Appraisal
Judge’s Flawed Question During Plea Colloquy Required Vacation of the Plea
Cy Pres Doctrine Properly Applied to Distribute Gifts to the Hospital Which Had Taken Over the Duties of the Named Hospital
IF PLAINTIFF, A FOREMAN, HAD THE AUTHORITY TO STOP WORK BECAUSE OF RAIN, THEN HIS CONTINUING TO WORK MAY HAVE BEEN THE SOLE PROXIMATE CAUSE OF HIS FALL; IF PLAINTIFF HAD BEEN INSTRUCTED TO WORK IN THE RAIN, THEN THE WET PLYWOOD MAY HAVE BEEN THE SOLE PROXIMATE CAUSE OF HIS FALL; BECAUSE OF THE CONFLICTING OR ABSENCE OF EVIDENCE ON THESE ISSUES, PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED; TWO JUSTICE DISSENT (THIRD DEPT).
“Strangulation” Conviction Affirmed

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

NEITHER THE SUPERIOR COURT INFORMATION TO WHICH DEFENDANT PLED GUILTY NOR THE... CPLR 5003-A, WHICH MANDATES PROMPT PAYMENT OF A SETTLEMENT TO THE PLAINTIFF,...