People v Desmin McBride

People v McBride 2006 NY Slip Op 05223 [30 AD3d 357] June 29, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 23, 2006

The People of the State of New York, Respondent,
v
Desmin McBride, Appellant.

—[*1]Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered April 28, 2005, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentenced him to a term of two years, unanimously affirmed.

The court properly exercised its discretion in denying defendant youthful offender treatment, particularly in light of the seriousness of the underlying crime, as well as defendant's continuing misconduct between the plea and sentencing. Concur—Tom, J.P., Mazzarelli, Marlow, Nardelli and Sweeny, JJ.