PEOPLE v. JHANG


302 A.D.2d 606 (2003)

755 N.Y.S.2d 644

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES JHANG, Appellant.

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

Decided February 24, 2003.


Ordered that the judgments are affirmed.

Contrary to the defendant's contention, he was not eligible for youthful offender treatment. Since the defendant was convicted of armed felonies (see CPL 1.20 [41] [b]; Penal Law § 70.02 [1] [a]; § 160.15 [4]), he could only be adjudicated a youthful offender if "mitigating circumstances" exist "that bear directly upon the manner in which the crime was committed," or if his participation in the crimes was ...

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