People v Murray

People v Murray 2007 NY Slip Op 09496 [45 AD3d 491] November 29, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

The People of the State of New York, Respondent,
v
Calvin Murray, Appellant.

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

Robert T. Johnson, District Attorney, Bronx (Lawrence H. Cunningham of counsel), for respondent.

Judgment, Supreme Court, Bronx County (John S. Moore, J.), rendered November 3, 2005, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 1 to 3 years, and judgment, same court (Stephen L. Barrett, J., at plea; John S. Moore, J., at sentence), rendered November 3, 2005, as amended December 6, 2005, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a consecutive term of two years, unanimously affirmed.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580 [1976]), especially since defendant committed a new crime while awaiting sentencing on his plea under the first indictment, despite the court's warning that he would forfeit the opportunity for youthful offender treatment in the event of a new arrest. Concur—Lippman, P.J., Nardelli, Buckley, Gonzalez and Sweeny, JJ.