Opinion
50
January 23, 2003.
Judgment, Supreme Court, New York County (Renee White, J.), rendered April 4, 2000, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of 5 years probation, unanimously affirmed.
Walter J. Storey, for respondent.
Frances A. Gallagher, for defendant-appellant.
Mazzarelli, J.P., Saxe, Sullivan, Williams, Gonzalez, JJ.
The court properly exercised its discretion in denying defendant youthful offender treatment. Defendant failed to successfully complete several drug treatment programs due to his poor attendance and positive tests for drugs, and was arrested on a new charge shortly after being placed on interim supervision (see People v. Reshard, 293 A.D.2d 290, lv denied 98 N.Y.2d 680).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.