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People v. Robbins

Supreme Court, Appellate Division, First Department, New York.
May 22, 2014
986 N.Y.S.2d 113 (N.Y. App. Div. 2014)

Opinion

2014-05-22

The PEOPLE of the State of New York, Respondent, v. William ROBBINS, Defendant–Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Emily Auletta of counsel), for respondent.



Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Emily Auletta of counsel), for respondent.
RENWICK, J.P., RICHTER, MANZANET–DANIELS, FEINMAN, GISCHE, JJ.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered June 21, 2012, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 15 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 10 years, and otherwise affirmed.

The court properly declined to sentence defendant as a youthful offender. Because defendant was convicted of an armed felony, he was not eligible for youthful offender treatment without a showing of specified mitigating factors (CPL 720.10[2][a][ii];[3] ), and the record does not establish such mitigation. Defendant played an important role in a series of violent crimes, and the fact that his codefendant's conduct was even more heinous did not render defendant's participation so “minor” (CPL 720.10[3][ii] ) as to render him eligible for youthful offender treatment, which was not warranted in any event. However, we find the sentence excessive to the extent indicated.


Summaries of

People v. Robbins

Supreme Court, Appellate Division, First Department, New York.
May 22, 2014
986 N.Y.S.2d 113 (N.Y. App. Div. 2014)
Case details for

People v. Robbins

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. William ROBBINS…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: May 22, 2014

Citations

986 N.Y.S.2d 113 (N.Y. App. Div. 2014)
117 A.D.3d 595
2014 N.Y. Slip Op. 3748