People v Almonte
2014 NY Slip Op 08037 [122 AD3d 870]
November 19, 2014
Appellate Division, Second Department
As corrected through Wednesday, December 31, 2014


[*1]
 The People of the State of New York,Respondent,
v
Samuel Almonte, Appellant.

Lynn W.L. Fahey, New York, N.Y. (Bryan D. Kreykes of counsel), forappellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Jobloveand Solomon Neubort of counsel; Jacob Rosenberg on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County(Riviezzo, J.), rendered August 1, 2013, convicting him of attempted assault in the firstdegree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Under the circumstances of this case, including, inter alia, the serious nature of theinstant crime, the Supreme Court did not improvidently exercise its discretion in denyingthe defendant youthful offender treatment (see CPL 720.20 [1]; People v Booker, 111 AD3d759, 759-760 [2013]; People v Green, 110 AD3d 825, 826 [2013]; People v Williams, 110 AD3d746, 747 [2013]; see alsoPeople v Rudolph, 21 NY3d 497 [2013]), and we decline to disturb thatdetermination (see People vMullings, 83 AD3d 871, 872 [2011]). Rivera, J.P., Leventhal, Hinds-Radix andBarros, JJ., concur.


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