People v Alleyne, 2022 NY Slip Op 01305 [203 AD3d 732]
March 2, 2022
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
David Alleyne, Appellant.
Patricia Pazner, New York, NY (Nao Terai and Ava C. Page of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel; Lawrance Choi on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Donald Leo, J.), imposed June 13, 2019, upon his conviction of course of sexual conduct against a child in the first degree, upon his plea of guilty, after remittitur from this Court for resentencing ( see People v Alleyne , 169 AD3d 710 [2019]).
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 Hesterbey , 121 AD3d 1127 , 1128 [2014] [internal quotation marks omitted]; see People v Mullings , 83 AD3d 871 , 872 [2011]). Here, we find no basis to disturb the Supreme Court’s determination denying youthful offender status to the defendant ( see CPL 720.20 [1]; People v Hesterbey , 121 AD3d at 1128; see also People v Beyjones , 186 AD3d 848 , 849 [2020]).
The resentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Duffy, J.P., Chambers, Christopher and Zayas, JJ., concur..