PEOPLE v. BANISTER

5797A. 5380/12. 337/13. 5797.

158 A.D.3d 569 (2018)

68 N.Y.S.3d 878

2018 NY Slip Op 01261

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOVASHAWN BANISTER, Appellant.

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

Decided February 22, 2018.


The record establishes that, as to defendant's possession conviction, the court made an explicit determination that it would not grant youthful offender (YO) treatment. Although the court had initially promised defendant probation and youthful offender treatment in exchange for his plea on the possession case, he was arrested less than two weeks later on the case resulting in the sale conviction also on appeal. The court properly reviewed the presentence report and expressly...

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