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PEOPLE v. CARLOS D.G.

Ind. No. 050127/15. Appeal No. 12788. Case No. 2018-2151.

190 A.D.3d 427 (2021)

135 N.Y.S.3d 642

2021 NY Slip Op 00028

The People of the State of New York, Respondent, v. Carlos D.G., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 5, 2021.

Attorney(s) appearing for the Case

Janet E. Sable , The Legal Aid Society, New York ( Paul Wiener of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Rachel Bond of counsel), for respondent.

Concur—Webber, J.P., Singh, Kennedy, Shulman, JJ.

Defendant did not preserve his claim that he was entitled to a jury trial notwithstanding his status as a mandatory youthful offender (see People v Wrighton, 82 A.D.3d 608 [1st Dept 2011], lv denied 17 N.Y.3d 810 [2011]), and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits.

By misdemeanor complaint, defendant was charged with...

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