Peoplev.Newman

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial DepartmentJul 10, 2019
2019 N.Y. Slip Op. 5570 (N.Y. App. Div. 2019)

2017-10951

07-10-2019

The People of the State of New York, respondent, v. Dante Newman, appellant.

Paul Skip Laisure, New York, NY (Nao Terai of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jill Oziemblewski, and Niki Bargueiras of counsel), for respondent.


COLLEEN D. DUFFY BETSY BARROS ANGELA G. IANNACCI, JJ. (Ind. No. 3398/13)

Paul Skip Laisure, New York, NY (Nao Terai of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jill Oziemblewski, and Niki Bargueiras of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Vincent Del Giudice, J.), imposed October 18, 2017, upon his conviction of assault in the first degree and attempted robbery in the first degree, upon a jury verdict, after remittitur from this Court for resentencing (see People v Newman, 153 AD3d 639).

ORDERED that the resentence is affirmed.

Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion in declining to adjudicate the defendant a youthful offender (see People v D.M., 168 AD3d 879). Further, the resentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

LEVENTHAL, J.P., DUFFY, BARROS and IANNACCI, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court