People v Cruz
2007 NY Slip Op 09702 [46 AD3d 306]
December 11, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


The People of the State of New York, Respondent,
v
Derick Cruz, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Joanne Legano Ross of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), for respondent.

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered April 28, 2006, 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's request for youthful offender treatment (see People v Drayton, 39 NY2d 580, 584 [1976]), given the seriousness of the crime, which involved a nearly fatal stabbing. Concur—Marlow, J.P., Nardelli, Williams and McGuire, JJ.