PEOPLE v. JOHNSON (2024)

Judgments of resentence, Supreme Court, New York County (Ellen N. Biben, J.), rendered April 7, 2022, as amended June 1, 2022, resentencing defendant to an aggregate term of nine years, unanimously affirmed.

Upon remand by this Court (198 A.D.3d 544, 152 N.Y.S.3d 803 [1st Dept. 2021]) for a youthful offender determination (see People v. Rudolph, 21 N.Y.3d 497, 974 N.Y.S.2d 885, 997 N.E.2d 457 [2013]), the resentencing court denied defendant youthful offender treatment but reduced the original aggregate sentence of 11 years to 9 years.  The court providently exercised its discretion in denying youthful offender treatment (People v. Drayton, 39 N.Y.2d 580, 385 N.Y.S.2d 1, 350 N.E.2d 377 [1976]).  The seriousness of defendant's crimes, which involved multiple instances of violent gang-related activity, outweighed the allegedly mitigating factors asserted by defendant.  We perceive no basis for reducing the sentence or substituting a youthful offender adjudication.