People v. Powell

Summary

The New York Appellate Division, Second Department, affirmed Zhamir Powell's resentence following his guilty plea to attempted murder in the second degree. The court upheld the denial of youthful offender status, found the resentence not excessive, and held that an updated presentence investigation report was not required before resentencing.

Holdings

1. The Supreme Court providently exercised its discretion in denying defendant youthful offender status.
2. The resentence imposed was not excessive.
3. The Supreme Court did not improvidently exercise its discretion by resentencing defendant without first ordering an updated presentence investigation report.

Questions Presented

1. Whether the Supreme Court providently exercised its discretion in denying defendant youthful offender status.
2. Whether the resentence imposed was excessive.
3. Whether the Supreme Court was required to order an updated presentence investigation report before resentencing defendant.

Disposition

affirmed