People v Deon K., 2016 NY Slip Op 08159 [145 AD3d 453]

December 6, 2016

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Deon K., Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Diane N. Princ of counsel), for respondent.

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered February 5, 2015, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a term of one year, unanimously modified, as a matter of discretion in the interest of justice, to the extent of adjudicating defendant a youthful offender, and otherwise affirmed.

We find the sentence excessive to the extent it did not include youthful offender treatment. Concur—Renwick, J.P., Saxe, Gische and Webber, JJ..