SPENCE v. SUPERINTENDENT, GREAT MEADOW COR. FAC.

Docket No. 97-2945.

219 F.3d 162 (2000)

Donovan SPENCE, Petitioner-Appellant, v. SUPERINTENDENT, GREAT MEADOW CORRECTIONAL FACILITY, and Commissioner, New York State Department of Correctional Services, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 18, 2000.


Attorney(s) appearing for the Case

Malvina Nathanson, New York, New York, for Petitioner-Appellant.

Amy Appelbaum, Assistant District Attorney, Kings County, Brooklyn, New York (Charles J. Hynes, District Attorney, Roseann B. MacKechnie, Assistant District Attorney, Kings County, Brooklyn, New York, of counsel), for Respondents-Appellees.

Before: WINTER, Chief Judge, CARDAMONE, and PARKER, Circuit Judges.


CARDAMONE, Circuit Judge:

In September 1992 a New York Supreme Court Justice having defendant Donovan Spence before him on a robbery charge, offered the promise of youthful offender treatment to Spence on the condition that he not engage in any further misconduct or get rearrested. If Spence broke that condition, the judge warned, he would impose a sentence of eight and one-third to 25 years. He then deferred sentence until November 1992 to see if the youth could...

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