Appellate Division of the Supreme Court of New York, 2003

People v. Molina

People v. Molina
Appellate Division of the Supreme Court of New York · Decided May 22, 2003
305 A.D.2d 291; 758 N.Y.S.2d 812; 2003 N.Y. App. Div. LEXIS 5830
People v. Molina

Opinion of the Court

Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered December 13, 2000, convicting defendant, upon his guilty plea, of sodomy in the first degree (five counts), sexual abuse in the *292first degree (two counts), and endangering the welfare of a child, and sentencing him to an aggregate term of 3 to 6 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Cruickshank, 105 AD2d 325, 334 [1985], affd 67 NY2d 625 [1986]), where he violated the terms of his presentencing release by continuing his use of marijuana, being arrested on new charges and by failing to attend a treatment program as required. We perceive no basis for reducing the sentence. Concur — Nardelli, J.P., Sullivan, Rosenberger, Wallach and Gonzalez, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.