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People v. Splunge

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 18, 2008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
SHANTAE SPLUNGE, DEFENDANT-APPELLANT.

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 9 years, unanimously affirmed.

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.

Mazzarelli, J.P., Gonzalez, Catterson, McGuire, Acosta, JJ.

5928/06

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.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081218

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