PEOPLE v. CALDERON


167 A.D.2d 651 (1990)

The People of the State of New York, Respondent, v. Humberto M. Calderon, Appellant

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

November 8, 1990


Defendant contends on appeal that County Court exceeded its authority and abused its discretion in revoking his adjudication as a youthful offender at resentencing. First, the plea agreement did not include any guarantee that defendant would be adjudicated a youthful offender. In addition, County Court could not adjudicate defendant a youthful offender and at the same time impose a prison sentence of 2 to 6 years (see, CPL 720.20 [3]; Penal Law § 60.02). Having...

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