People v. Schmerler (28 A.D.3d 240, 2006)

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered December 8, 2004, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree and sentencing him to a term of five years’ probation, 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 the offense and the fact that, despite the court’s warnings, defendant was convicted of a new offense while awaiting sentencing. Concur—Sullivan, J.P., Nardelli, Williams, Sweeny and McGuire, JJ.