Opinion
1229
May 22, 2003.
Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered December 13, 2000, convicting defendant, upon his guilty plea, of sodomy in the first degree (five counts), sexual abuse in the first degree (two counts), and endangering the welfare of a child, and sentencing him to an aggregate term of 3 to 6 years, unanimously affirmed.
Priscilla Steward, for respondent.
Laura M. Miranda, for defendant-appellant.
Before: Nardelli, J.P., Sullivan, Rosenberger, Wallach, Gonzalez, JJ.
The court properly exercised its discretion in denying defendant youthful offender treatment (see People v. Cruickshank, 105 A.D.2d 325, 334, affd 67 N.Y.2d 625), where he violated the terms of his presentencing release by continuing his use of marijuana, being arrested on new charges and by failing to attend a treatment program as required. We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.