Opinion
8023 Ind. 4179/14
01-03-2019
The PEOPLE of the State of New York, Respondent, v. Justin GONZALEZ, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Allen Fallek of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Allen Fallek of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Katherine Kulkarni of counsel), for respondent.
Sweeny, J.P., Gische, Kahn, Oing, Singh, JJ.
Judgment, Supreme Court, New York County (James M. Burke, J.), rendered June 22, 2016, as amended November 10, 2016, 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 providently exercised its discretion in denying defendant's request for youthful offender treatment (see People v. Drayton, 39 N.Y.2d 580, 385 N.Y.S.2d 1, 350 N.E.2d 377 [1976] ) in light of, among other things, the seriousness of the offense and defendant's termination from a treatment program that he was required to complete as a condition of his original plea agreement.