Opinion
10-25-2016
The PEOPLE of the State of New York, Respondent, v. Jose BLANCO, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Judgments, Supreme Court, New York County (Carol Berkman, J.), rendered May 11, 2011, as amended May 31, 2011, convicting defendant, upon his pleas of guilty, of assault in the second degree and attempted robbery in the second degree, and sentencing him to concurrent terms of two years, unanimously affirmed.
Although it is undisputed that defendant was entitled to an express youthful offender determination at sentencing (see People v. Rudolph, 21 N.Y.3d 497, 974 N.Y.S.2d 885, 997 N.E.2d 457 [2013] ), defendant does not request a remand for that purpose, but instead asks this court to grant YO treatment as a matter of discretion in the interest of justice. However, we find that YO treatment would be inappropriate. As for the first conviction, defendant violated the conditions of his plea (see e.g. People v. Stoudymire, 91 A.D.3d 543, 936 N.Y.S.2d 547 [1st Dept.2012], lv. denied 19 N.Y.3d 867, 947 N.Y.S.2d 416, 970 N.E.2d 439 [2012] ), and the second conviction involved the commission of a new felony while sentencing had been deferred on the prior felony. Moreover, both convictions were for violent felonies.
ACOSTA, J.P., RENWICK, SAXE, FEINMAN, KAHN, JJ., concur.