People v Guerrero
2006 NY Slip Op 00688 [26 AD3d 165]
February 2, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 19, 2006


The People of the State of New York, Respondent,
v
Richard Guerrero, Appellant.

[*1]Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered October 9, 2002, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.

The court properly exercised its discretion in denying defendant youthful offender treatment (People v Drayton, 39 NY2d 580 [1976]), particularly in view of his prior criminal record, and his failure to comply with the reasonable conditions of his guilty plea. Concur—Mazzarelli, J.P., Marlow, Williams, Sweeny and Malone, JJ.