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You are here: Home1 / Criminal Law2 / DESPITE THE TRAGIC CIRCUMSTANCES WHICH PRECEDED DEFENDANT’S CRIMINAL...
Criminal Law

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)

July 27, 2017
Tags: Third Department
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