PEOPLE v. MEADE


77 Misc.2d 730 (1974)

The People of the State of New York, Plaintiff, v. James Meade and Joseph Peras, Defendants.

Supreme Court, Criminal Term, Queens County.

April 12, 1974


Attorney(s) appearing for the Case

Stanley J. Pryor and Edmund R. Aleksey for defendants. Nicholas Ferraro, District Attorney (Robert C. McGann of counsel), for plaintiff.


LOUIS WALLACH, J.

This motion to vacate a sentence to a reformatory term of imprisonment after a youthful offender finding raises a question of novel impression. The issue precisely framed is: may the sentencing court impose, as an alternate sentence, a term of probation upon a youthful offender where the underlying conviction was for a felony which under section 60.05 of the Penal Law required a mandatory term of imprisonment.

Defendants were...

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