People v Turane

People v Turane 2007 NY Slip Op 05407 [41 AD3d 261] June 21, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 15, 2007

The People of the State of New York, Respondent,
v
Trumaine Turane, Also Known as Turane Trumaine, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Frank Glaser of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura A. Ward, J., at plea; Robert M. Stolz, J., at sentence), rendered July 15, 2004, convicting defendant of attempted criminal possession of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.

The sentencing court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580 [1976]). Despite the plea court's warning that defendant would be denied youthful offender status in the event of a new arrest, he was arrested twice while awaiting sentencing (see People v Outley, 80 NY2d 702, 712-713 [1993]). On the record before us, we cannot hold that the denial of youthful offender status was improper. We have considered and rejected defendant's remaining arguments. Concur—Andrias, J.P., Saxe, Buckley, Gonzalez and McGuire, JJ.