People v. Thomas

People v Thomas (2019 NY Slip Op 09039)

People v Thomas

2019 NY Slip Op 09039

Decided on December 18, 2019

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 18, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
COLLEEN D. DUFFY
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.

2018-05242
(Ind. No. 4142/13)

[*1]The People of the State of New York, respondent,

v

John Thomas, appellant.

Paul Skip Laisure, New York, NY (Meredith S. Holt of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Danny K. Chun, J.), imposed April 11, 2018, upon his conviction of sex trafficking, upon his plea of guilty, after remittitur from this Court for resentencing (see People v Thomas, 157 AD3d 723).

ORDERED that the resentence is affirmed.

"The determination of whether to grant or deny youthful offender status rests within the sound discretion of the court and depends upon all the attending facts and circumstances of the case" (People v Hesterbey, 121 AD3d 1127, 1128 [internal quotation marks omitted]; see People v Gourdine, 174 AD3d 644, 644). Here, we find no basis to disturb the Supreme Court's determination denying youthful offender status to the defendant (see CPL 720.20[1]; People v Gourdine, 174 AD3d at 644; People v Minaya, 164 AD3d 836, 836).

MASTRO, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court