People v. Braswell

2017 NY Slip Op 3050, 149 A.D.3d 580, 50 N.Y.S.3d 279

Opinion

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered April 28, 2014, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of two years, unanimously affirmed.

Defendant did not preserve his argument that the court failed to follow the proper procedures in denying his request for youthful offender treatment (see People v Samms, 95 NY2d 52, 57 [2000]), and we decline to review these claims in the interest of justice. As an alternative holding, we find them unavailing.

After making the type of inquiry required by People v Rudolph (21 NY3d 497 [2013]), the court properly exercised its discretion in denying YO treatment, in light of the seriousness of the offense.

Concur — Acosta, J.P., Richter, Andrias, Kahn and Gesmer, JJ.