People v Stoudymire
2012 NY Slip Op 00411 [91 AD3d 543]
January 24, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 29, 2012


The People of the State of New York, Respondent,
v
Brandon Stoudymire, Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Sheryl Feldman of counsel), for respondent.

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 5, 2009, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of 3½ years, unanimously affirmed.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580 [1976]), particularly in view of defendant's failure to comply with the conditions of his guilty plea. Concur—Tom, J.P., Friedman, DeGrasse, Richter and Manzanet-Daniels, JJ.