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The People of the State of New York, Respondent v. Dwayne Blyden

April 30, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
DWAYNE BLYDEN, DEFENDANT-APPELLANT.



People v Blyden

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.

Decided on April 30, 2013

Acosta, J.P., Moskowitz, Renwick, Freedman, Clark, JJ.

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered November 10, 2010, as amended June 21, 2012, convicting defendant, upon his plea of guilty, of grand larceny in the third degree, and sentencing him to a term of 364 days, unanimously modified, as a matter of discretion in the interest of justice, to the extent of adjudicating defendant a youthful offender, and otherwise affirmed.

We find the sentence excessive to the extent it did not include youthful offender treatment.

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

ENTERED: APRIL 30, 2013

CLERK

20130430

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