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PEOPLE v. JOSEPH

55 A.D.2d 661 (1976)

The People of the State of New York Respondent, v. Donald Joseph P., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 20, 1976

Sentence affirmed.

Notwithstanding the fact that the defendant, a youth who had pleaded guilty to the crime of criminal sale of a controlled substance in the third degree (a class A-III felony), was adjudicated a youthful offender, the law mandates that he be sentenced in accordance with section 60.02 or section 60.03 of the Penal Law. The determining factor under those sections is whether the youth is a narcotic addict....

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