People v Biscain

People v Biscain 2012 NY Slip Op 01767 Decided on March 13, 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 March 13, 2012
Saxe, J.P., Sweeny, Freedman, Manzanet-Daniels, JJ.
7067 5560/08

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

v

Ancelmo Biscain, Jr., Defendant-Appellant.




Flamhaft Levy Hirsch & Rendeiro LLP, Brooklyn (Harold L.
Levy of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (David E.A.
Crowley of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered August 12, 2009, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of five years, unanimously affirmed.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580 [1976]). Since defendant was convicted of an armed felony, youthful offender treatment would require a showing of mitigating circumstances or relatively minor participation in the crime (CPL 720.10[2][a][ii];[3]), and we do not find that those criteria applied to the facts of this case. In any event, regardless of defendant's eligibility, youthful offender treatment was not warranted.

Defendant did not preserve his claim that the court considered inappropriate factors in denying youthful offender treatment, and we decline to review it in the interest of justice.

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

ENTERED: MARCH 13, 2012

CLERK