Opinion
73
January 29, 2002.
Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered June 28, 1999, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.
SUZANNE M. HERBERT, for respondent.
LAURA BOYD, for defendant-appellant.
Before: Nardelli, J.P., Andrias, Saxe, Ellerin, Marlow, JJ.
The court properly exercised its discretion in denying defendant youthful offender treatment because of his arrest and conviction of another crime, committed while awaiting sentencing on the instant conviction (see, People v. Figgins, 87 N.Y.2d 840).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.