| People v Crew |
| 2014 NY Slip Op 00676 [114 AD3d 696] |
| February 5, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Justin Crew, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County(Greller, J.), rendered September 27, 2012, convicting him of manslaughter in the seconddegree and vehicular assault in the second degree, upon his plea of guilty, and sentencinghim to concurrent indeterminate terms of imprisonment of 3 to 9 years on the convictionof manslaughter in the second degree and 1 to 3 years on the conviction of vehicularassault in the second degree.
Ordered that the judgment is modified, as a matter of discretion in the interest ofjustice, by reducing the sentence imposed on the conviction of manslaughter in thesecond degree from an indeterminate term of imprisonment of 3 to 9 years to anindeterminate term of imprisonment of 2 to 6 years; as so modified, the judgment isaffirmed.
The County Court providently exercised its discretion in denying the defendant'sapplication for youthful offender status, given the lack of mitigating circumstancesbearing directly on the manner in which the crime was committed, and the defendant'sreckless conduct, which caused death and serious physical injury to other persons (see People v Driggs, 24 AD3d888 [2005]; People v Symons, 262 AD2d 872 [1999]). However, in view ofthe defendant's young age, his physical condition, his lack of any juvenile or criminalrecord, and the recommendations in the presentence report, we find that the sentenceimposed was excessive to the extent indicated (see People v Green, 110 AD3d 825 [2013]; People v Bruce L., 44 AD3d688 [2007]; People v Keenan, 130 AD2d 592 [1987]). Mastro, J.P., Balkin,Leventhal and Chambers, JJ., concur.