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People v. Storts

Supreme Court of New York, Second Department

October 16, 2013

The People of the State of New York, respondent,
v.
Sequamn Storts, Jr., also known as "P, " appellant. Index No. 10/12

Thomas N. N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.

MARK C. DILLON, J.P., JOHN M. LEVENTHAL, CHERYL E. CHAMBERS, ROBERT J. MILLER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered May 16, 2012, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The County Court providently exercised its discretion in denying the defendant's application for youthful offender treatment given the defendant's commission of another crime after his arrest for the instant offense, his prior youthful offender adjudication, and his record and background (see People v Thompson, 16 A.D.3d 603, 604; People v Roger, 287 A.D.2d 747; People v Brown, 115 A.D.2d 485; People v Kane, 100 A.D.2d 944).

The sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

DILLON, J.P., LEVENTHAL, CHAMBERS and MILLER, JJ., concur.


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