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People v. Sapp

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 659 (N.Y. App. Div. 1991)

Summary

affirming a sentence in part on the basis of defendant's "criminal history, including the fact that defendant was previously adjudicated a youthful offender in a prior attempted robbery conviction"

Summary of this case from U.S. v. Cuello

Opinion

January 31, 1991

Appeal from the Supreme Court, New York County (Shirley Levittan, J.).


Defendant and accomplices followed the complainant into the subway system and onto a train. At 59th Street, they pushed him off the train and onto the platform, beating him and stealing a gold chain. A witness chased defendant and one accomplice to the street. The police were summoned; defendant was eventually apprehended after a chase, during which a second witness observed defendant stop and discard a gold chain. Under these circumstances, we are satisfied defendant was proved guilty beyond a reasonable doubt, and that his conviction accorded with the weight of the evidence.

Given the viciousness of the robbery, and defendant's criminal history, including the fact that defendant was previously adjudicated a youthful offender in a prior attempted robbery conviction, greater leniency in sentencing was not warranted.

Concur — Murphy, P.J., Milonas, Ross, Asch and Rubin, JJ.


Summaries of

People v. Sapp

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 659 (N.Y. App. Div. 1991)

affirming a sentence in part on the basis of defendant's "criminal history, including the fact that defendant was previously adjudicated a youthful offender in a prior attempted robbery conviction"

Summary of this case from U.S. v. Cuello

affirming sentence in light of "defendant's criminal history, including the fact that the defendant was previously adjudicated a youthful offender in a prior attempted robbery conviction"

Summary of this case from U.S. v. Matthews
Case details for

People v. Sapp

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KYRON SAPP, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 31, 1991

Citations

169 A.D.2d 659 (N.Y. App. Div. 1991)
565 N.Y.S.2d 79

Citing Cases

U.S. v. Matthews

We note that New York courts at least consider a defendant's youthful offender adjudication in sentencing.…

U.S. v. Cuello

Sentencing judges in New York courts may take into account a prior youthful offender adjudication when…