PEOPLE v. CALDERON


79 N.Y.2d 61 (1992)

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

Court of Appeals of the State of New York.

Decided February 18, 1992.


Attorney(s) appearing for the Case

Leigh Fine for appellant.

Sol Greenberg, District Attorney (Michael J. Connolly of counsel), for respondent.

Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur with Judge ALEXANDER; Judge SIMONS dissents and votes to affirm in a separate opinion.


ALEXANDER, J.

The issue on this appeal is whether, after a proceeding has been terminated by entry of judgment, a trial court has authority to revoke its finding that a defendant is a youthful offender in order to legitimate a sentence that is impermissible under the youthful offender law.

Defendant was convicted in Albany County Court, upon his plea of guilty to criminal possession of a controlled substance...

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