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PEOPLE v. CAPRIATA

3425, 194/12.

148 A.D.3d 528 (2017)

2017 NY Slip Op 01977

48 N.Y.S.3d 595

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE CAPRIATA, Appellant.

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

Decided March 16, 2017.

The indictment alleged, and defendant's plea allocution established, that defendant committed a continuing possessory crime (see Matter of Johnson v Morgenthau, 69 N.Y.2d 148 [1987]) that began when he was 18 but ended when he was 19, and whose elements persisted during that time span. Accordingly, he was not eligible for youthful offender treatment (see People v White, ...

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