PEOPLE v. KINLOCH


7 A.D.3d 734 (2004)

777 N.Y.S.2d 185

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN KINLOCH, Appellant.

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

May 17, 2004.


Ordered that the judgment is affirmed.

The defendant contends that the Supreme Court erred as a matter of law because it promised to adjudicate him a youthful offender (see CPL 720.10, 720.20; Penal Law § 60.02), as part of his guilty plea, conditioned only upon his eligibility for such treatment and then failed to do so even though he was eligible. Assuming that this issue survives the defendant's otherwise effective appellate waiver (see People...

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