Opinion
2577.
Decided December 23, 2003.
Judgment, Supreme Court, New York County (John Bradley, J.), rendered February 4, 2002, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 5 years, unanimously affirmed.
Benjamin Cheeks, for Respondent.
Laura Boyd, for Defendant-Appellant.
Before: Nardelli, J.P., Saxe, Rosenberger, Williams, Friedman, JJ.
The court properly exercised its discretion in denying defendant youthful offender treatment ( see People v. Drayton, 39 N.Y.2d 580), particularly since he failed to complete a rehabilitation program and was rearrested several times while awaiting sentence, resulting in additional convictions.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.