People v Diaz
2006 NY Slip Op 07246 [33 AD3d 390]
October 10, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 13, 2006


The People of the State of New York, Respondent,
v
Miguel Diaz, Appellant.

[*1]Judgment, Supreme Court, Bronx County (William Mogulescu, J.), rendered June 1, 2004, convicting defendant, upon his plea of guilty, of assault in the first degree and sentencing him to a term of five years, unanimously affirmed.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580 [1976]), in view of the seriousness of this extremely violent crime, as well as defendant's prior juvenile record. Concur—Tom, J.P., Saxe, Friedman, Sullivan and McGuire, JJ.