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People v. Mercado

156 A.D.3d 456 Court N.Y. App. Div. Decision date 2017-12-12 English

Judges Concur— Tom, J.P., Renwick, Gische, Oing and Singh, JJ.

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p. 456
The People of the State of New York, Respondent, v Jose Mercado, Appellant.
[64 NYS3d 890]

Judgment of resen-tence, Supreme Court, New York County (Thomas Farber, J.), rendered March 10, 2015, resentencing defendant to an aggregate term of 12 years, unanimously affirmed.

Following a remand ( 125 AD3d 409 [1st Dept 2015]) for resentencing pursuant to People v Rudolph ( 21 NY3d 497 [2013]), the court providently exercised its discretion in denying youthful offender treatment, in light of the extreme seriousness of defendant’s multiple violent crimes.

We perceive no basis for reducing the sentence.

Concur— Tom, J.P., Renwick, Gische, Oing and Singh, JJ.

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