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People v. Concepcion

155 A.D.3d 519 Court N.Y. App. Div. Decision date 2017-11-21 English

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

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p. 519
The People of the State of New York, Respondent, v Angel Concepcion, Appellant.
[63 NYS3d 856]

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.

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