PEOPLE v. CUATLE


212 A.D.2d 625 (1995)

623 N.Y.S.2d 141

The People of the State of New York, Respondent, v. Elojo Cuatle, Appellant

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

February 14, 1995


Ordered that the judgments are affirmed.

The Supreme Court properly refused to treat the defendant as a youthful offender. The defendant stood convicted of an armed felony and presented no evidence of mitigating circumstances or that he was a "minor" participant in the crime. Therefore, he was not entitled to youthful offender treatment (see, CPL 720.10 [3]).

Additionally, the defendant received the bargained-for sentences and, therefore, has no cause...

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