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PEOPLE v. JAMES

2317, 14991/90.

144 A.D.3d 596 (2016)

2016 NY Slip Op 08003

41 N.Y.S.3d 418

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

Appellate Division of the Supreme Court of New York, First Department.

Decided November 29, 2016.

The sentencing court properly exercised its discretion when it declined to adjudicate defendant a youthful offender (YO) (see generally People v Drayton, 39 N.Y.2d 580 [1976]). At the time of defendant's guilty plea in 1990, the court promised YO treatment and probation on the conditions that defendant return for sentencing and avoid additional arrests. However, defendant absconded, was convicted of a felony and numerous other offenses...

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