PEOPLE v. BERRY


233 A.D.2d 336 (1996)

649 N.Y.S.2d 811

The People of the State of New York, Respondent, v. Sean Berry, Appellant

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

November 4, 1996


Ordered that the judgment is affirmed.

The defendant contends that the court improvidently exercised its discretion in denying his application to adjudicate him a youthful offender. At the plea proceeding the court advised the defendant that it would consider the application but that he would probably be ineligible. The court stated its intentions regarding the term that would be imposed in the event youthful offender treatment were denied. At sentencing, the defendant...

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