People v. Turane

Appellate Division of the Supreme Court of New York

People v. Turane

41 A.D.3d 261, 836 N.Y.S.2d 875

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 21, 2007

StatusPublished

This text of 41 A.D.3d 261 (People v. Turane) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People v. Turane, 41 A.D.3d 261, 836 N.Y.S.2d 875 (N.Y. Ct. App. 2007).

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Opinion

Judgment, Supreme Court, New York County (Laura A. Ward, J., at plea; Robert M. Stolz, J., at sentence), rendered July 15, 2004, convicting defendant of attempted criminal possession of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.

The sentencing court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580 [1976]). Despite the plea court’s warning that defendant would be denied youthful offender status in the event of a new arrest, he was arrested twice while awaiting sentencing (see People v Outley, 80 NY2d 702, 712-713 [1993]). On the record before us, we cannot hold that the denial of youthful offender status was improper. We have considered and rejected defendant’s remaining arguments. Concur—Andrias, J.P., Saxe, Buckley, Gonzalez and McGuire, JJ.

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Judgment, Supreme Court, New York County (Laura A. Ward, J., at plea; Robert M. Stolz, J., at sentence), rendered July 15, 2004, convicting defendant of attempted criminal possession of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.

The sentencing court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580 [1976]). Despite the plea court’s warning that defendant would be denied youthful offender status in the event of a new arrest, he was arrested twice while awaiting sentencing (see People v Outley, 80 NY2d 702, 712-713 [1993]). On the record before us, we cannot hold that the denial of youthful offender status was improper. We have considered and rejected defendant’s remaining arguments. Concur—Andrias, J.P., Saxe, Buckley, Gonzalez and McGuire, JJ.

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Bluebook (online)

41 A.D.3d 261, 836 N.Y.S.2d 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-turane-nyappdiv-2007.

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