The People of the State of New York, Respondent, v. Steven B., Defendant–Appellant.

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Supreme Court, Appellate Division, First Department.

The People of the State of New York, Respondent, v. Steven B., Defendant–Appellant.

2834

Decided: February 14, 2017

Sweeny, J.P., Renwick, Andrias, Kahn, Gesmer, JJ. Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.

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Judgment, Supreme Court, New York County (Neil E. Ross, J. at plea and sentencing), rendered June 26, 2015, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him to an indeterminate prison term of 1 1/3 to 4 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of adjudicating defendant a youthful offender and reducing the sentence to a term of 6 months incarceration and 5 years' probation, with the condition that defendant participate in a mental health and substance abuse program under the direction of the Probation Department, and otherwise affirmed.

We find that defendant's circumstances render him an eligible youth (see CPL 720.10[3][i] ).  In addition, we find the sentence, including the denial of youthful offender treatment, excessive to the extent indicated.

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CLERK