People v Baptiste

People v Baptiste 2014 NY Slip Op 02703 Decided on April 22, 2014 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 April 22, 2014
Mazzarelli, J.P., Friedman, DeGrasse, Freedman, Kapnick, JJ.
12266 6321/10

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

v

Nathaniel Baptiste, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Paul Wiener
of
counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jared
Wolkowitz of counsel), for respondent.

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 31, 2012, convicting defendant, upon his guilty plea, 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]), in view of defendant's failure to comply with the conditions of his guilty plea. The court's determination did not violate the plea agreement or entitle defendant to withdraw his plea, because at the plea proceeding the court made it objectively clear that defendant would earn probation and youthful offender treatment only by complying with the plea
conditions (see People v Cataldo, 39 NY2d 578, 580 [1976]; People v Castillo, 106 AD3d 440 [1st Dept 2013], lv denied 22 NY3d 954 [2013]). Defendant's strained interpretation of the terms of the plea is unavailing.

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

ENTERED: APRIL 22, 2014

CLERK