From Casetext: Smarter Legal Research

People v. Murray

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 2007
45 A.D.3d 491 (N.Y. App. Div. 2007)

Opinion

No. 2239 2239A 3920/04.

November 29, 2007.

Judgment, Supreme Court, Bronx County (John S. Moore, J.), rendered November 3, 2005, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 1 to 3 years, and judgment, same court (Stephen L. Barrett, J., at plea; John S. Moore, J., at sentence), rendered November 3, 2005, as amended December 6, 2005, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a consecutive term of two years, unanimously affirmed.

Steven Banks, The Legal Aid Society, New York (Eve Kessler of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Lawrence H. Cunningham of counsel), for respondent.

Before: Lippman, P.J., Nardelli, Buckley, Gonzalez and Sweeny, JJ.


The court properly exercised its discretion in denying defendant youthful offender treatment ( see People v Drayton, 39 NY2d 580), especially since defendant committed a new crime while awaiting sentencing on his plea under the first indictment, despite the court's warning that he would forfeit the opportunity for youthful offender treatment in the event of a new arrest.


Summaries of

People v. Murray

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 2007
45 A.D.3d 491 (N.Y. App. Div. 2007)
Case details for

People v. Murray

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN MURRAY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 29, 2007

Citations

45 A.D.3d 491 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9496
845 N.Y.S.2d 739

Citing Cases

People v. Murray

February 15, 2008. Appeal from the 1st Dept: 45 AD3d 491 (Bronx). Graffeo,…