Legal Opinion

People v. Concepcion

Appellate Division of the Supreme Court of the State of New York

Decided November 21, 2017No. 5027 18/10Published

1Opinion of the Court

Judgment of resentence, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered August 10, 2015, resentencing defendant to a term of 22 years, unanimously affirmed.

On remand from this Court (128 AD3d 612, 614 [1st Dept 2015], lv denied 26 NY3d 927 [2015]), the resentencing court providently exercised its discretion in denying youthful offender treatment (see People v Drayton, 39 NY2d 580 [1976]) in light of the heinous circumstances of the homicide.

We perceive no basis for reducing the sentence.

Concur— Friedman, J.P., Gische, Kapnick, Kahn and Moulton, JJ.

2Cases cited2 opinions

  1. People v. DraytonNew York Court of Appeals · 1976
  2. People v. ConcepcionAppellate Division of the Supreme Court of the State of New York · 2015