People v Stoudymire

People v Stoudymire 2012 NY Slip Op 00411 Decided on January 24, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 24, 2012
Tom, J.P., Friedman, DeGrasse, Richter, Manzanet-Daniels, JJ.
6604 5686/07

[*1]The People of the State of New York, Ind. Respondent,

v

Brandon Stoudymire, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Laura Boyd
of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sheryl
Feldman of counsel), for respondent.

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 5, 2009, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of 3½ years, unanimously affirmed.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39
NY2d 580 [1976]), particularly in view of defendant's failure to comply with the conditions of his guilty plea.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 24, 2012

CLERK