People v. Diaz

Judgement, Supreme Court, Bronx County (William Mogulescu, J), rendered June 1, 2004, convicting defendant, upon his plea of guilty, of assault in the first degree and sentencing him to a term of five years, unanimously affirmed.

The court properly exercised its discretion in denying defendant youthful offender treatment (see People v Drayton, 39 NY2d 580 [1976]), in view of the seriousness of this extremely violent crime, as well as defendant’s prior juvenile record. Concur— Tom, J.E, Saxe, Friedman, Sullivan and McGuire, JJ.