People v Martinez
2008 NY Slip Op 09898 [57 AD3d 330]
December 18, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


The People of the State of New York, Respondent,
v
Chris Martinez, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered September 19, 2007, convicting defendant, upon his guilty plea, of robbery 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. Concur—Lippman, P.J., Tom, Buckley, Moskowitz and Renwick, JJ.