PEOPLE v. GONZALEZ (1999)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Ali GONZALEZ, Defendant-Appellant.

Decided: October 19, 1999

SULLIVAN, J.P., NARDELLI, WILLIAMS, MAZZARELLI and ANDRIAS, JJ.

Erica M. Fitzgerald, for Respondent. Cheryl P. Williams, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered November 14, 1997, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of 3 to 6 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant youthful offender treatment based on his failure to satisfy certain conditions set at the plea proceeding, including the conditions of not being rearrested and of completing an assigned rehabilitation program. We perceive no abuse of sentencing discretion.

MEMORANDUM DECISION.

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