Opinion
8234.
April 6, 2006.
Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered December 8, 2004, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree and sentencing him to a term of five years' probation, unanimously affirmed.
Edward Land, New York, for appellant.
Robert M. Morgenthau, District Attorney, New York (Bree Schonbrun of counsel), for respondent.
Before: Sullivan, J.P., Nardelli, Williams, Sweeny and McGuire, JJ.
The court properly exercised its discretion in denying defendant youthful offender treatment ( see People v. Drayton, 39 NY2d 580), in view of the seriousness of the offense and the fact that, despite the court's warnings, defendant was convicted of a new offense while awaiting sentencing.