People v. Beyjones

People v Beyjones (2020 NY Slip Op 04755) People v Beyjones 2020 NY Slip Op 04755 Decided on August 26, 2020 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 August 26, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department REINALDO E. RIVERA, J.P. JOSEPH J. MALTESE BETSY BARROS VALERIE BRATHWAITE NELSON ANGELA G. IANNACCI, JJ. 2018-06753 2018-06754 [*1]The People of the State of New York, respondent, v Jahmeek Beyjones, appellant. (Ind. Nos. 923/16, 2012/17) Janet E. Sabel, New York, NY (Heidi Bota of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Danielle S. Fenn of counsel; Sade Donald on the memorandum), for respondent. DECISION & ORDER Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Queens County (Robert Charles Kohm, J.), both imposed October 17, 2017, upon his pleas of guilty, on the ground that the sentences were excessive. ORDERED that the sentences are affirmed. Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in declining to adjudicate the defendant a youthful offender given the attendant circumstances and the seriousness of the defendant's criminal conduct (see CPL 720.20[1]; People v Cooper, 179 AD3d 832, 833; People v Hesterbey, 121 AD3d 1127, 1128; People v Booker, 111 AD3d 759, 759-760; People v Lopez, 82 AD3d 906, 907). The sentences imposed were not excessive (see People v Suitte, 90 AD2d 80). RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur. ENTER: Aprilanne Agostino Clerk of the Court