People v Nunez

People v Nunez 2006 NY Slip Op 09127 [35 AD3d 205] December 7, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 14, 2007

The People of the State of New York, Respondent,
v
Luis Nunez, Appellant.

—[*1]

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered July 23, 2004, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 2½ years, unanimously affirmed.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580 [1976]), in view of the seriousness of the crime, which had closely followed another violent crime to which defendant also pleaded guilty.

We perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Andrias, Friedman, Gonzalez and Catterson, JJ.