PEOPLE v. TEJADA (2024)

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

The PEOPLE of the State of New York, Respondent, v. Wayne TEJADA, Defendant–Appellant.

2078-, 2078A

Decided: April 18, 2024

Renwick, P.J., Kapnick, Shulman, Rosado, O'Neill Levy, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Bryan S. Furst of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Jennifer Covais of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Stephen M. Antignani, J.), rendered November 28, 2022, as amended February 1, 2023, resentencing defendant to an aggregate term of nine years, unanimously affirmed. Appeal from judgment, same court (Gayle P. Roberts, J., at plea; Antignani, J., at sentencing), rendered June 24, 2020, unanimously dismissed, as subsumed in the appeal from the judgment of resentence.

The resentencing court providently exercised its discretion in denying youthful offender treatment (see People v. Drayton, 39 N.Y.2d 580 [1976]), given the seriousness of the underlying crimes, in which defendant repeatedly raped and sexually abused his three young nieces.

We perceive no basis for reducing the sentence or substituting a youthful offender adjudication.

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