PEOPLE v. GALEAND

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

The PEOPLE of the State of New York, Respondent, v. Jason GALEAND, also known as Jason Galeano, Defendant–Appellant.

Decided: September 26, 2006

BUCKLEY, P.J., SAXE, WILLIAMS, SWEENY, MALONE, JJ. Laura R. Johnson, The Legal Aid Society, New York (Eve Kessler of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Dana Poole of counsel), for respondent.

Judgment, Supreme Court, New York County (Gerald Harris, J. at plea;  Laura A. Ward, J. at sentence), rendered March 23, 2005, convicting defendant of attempted criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the fifth degree, and sentencing him to concurrent terms of 1 year, unanimously affirmed.

The court appropriately exercised its discretion by declining to grant defendant youthful offender treatment (see People v. Drayton, 39 N.Y.2d 580, 385 N.Y.S.2d 1, 350 N.E.2d 377 [1976] ).   Defendant received multiple opportunities for drug treatment, but repeatedly absconded from or otherwise failed to complete the programs, and was rearrested on three separate occasions.   Accordingly, the court properly concluded that defendant was not deserving of further leniency.