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PEOPLE v. ENDERS

221 A.D.2d 772 (1995)

634 N.Y.S.2d 411

The People of the State of New York, Respondent, v. Marshall Enders, Appellant

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

November 16, 1995

Defendant argues that County Court erred in not according him youthful offender status following his conviction of the crime of sexual abuse in the first degree. We disagree. Although the presentence report indicates that defendant suffers from mental retardation and cerebral palsy, it characterizes defendant's level of dangerousness as "quite high" based upon his psychological adjustment compounded by his mental condition. In view...

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