People v Splunge

People v Splunge 2008 NY Slip Op 09927 [57 AD3d 369] December 18, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

The People of the State of New York, Respondent,
v
Shantae Splunge, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Jane Levitt of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Charlotte E. Fishman of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered July 2, 2007, convicting defendant, upon her plea of guilty, of two counts of robbery in the first degree, and sentencing her to concurrent terms of nine years, unanimously affirmed.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580 [1976]), in view of the violence and other aggravating circumstances involved in the two robberies of which defendant was convicted. We also perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Gonzalez, Catterson, McGuire and Acosta, JJ.