People v Marrero

People v Marrero 2008 NY Slip Op 09190 [56 AD3d 363] November 20, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

The People of the State of New York, Respondent,
v
Izmehel Marrero, Appellant.

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

Robert M. Morgenthau, District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered December 21, 2006, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a 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]), particularly in view of his failure to complete a residential drug treatment program despite multiple opportunities to do so. Concur—Tom, J.P., Saxe, Sweeny, Catterson and DeGrasse, JJ.