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People v. Demetrius J

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 2000
272 A.D.2d 958 (N.Y. App. Div. 2000)

Opinion

May 10, 2000.

Appeal from Adjudication of Jefferson County Court, Clary, J. — Youthful Offender.

Adjudication unanimously affirmed.

Before: Wisner, J. P., Hurlbutt, Balio and Lawton, JJ.


Memorandum:

Defendant contends that County Court erroneously informed him that he was eligible for the shock incarceration program ( see, Correction Law art 26-A) and thus that his guilty plea was not knowingly, voluntarily and intelligently entered. We disagree. Although defendant pleaded guilty to a violent felony offense, he was adjudicated a youthful offender. Because "[a] youthful offender adjudication is not a judgment of conviction for a crime or any other offense" (CPL 720.35), defendant was an "eligible inmate" as that term is defined in Correction Law § 865(1).


Summaries of

People v. Demetrius J

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 2000
272 A.D.2d 958 (N.Y. App. Div. 2000)
Case details for

People v. Demetrius J

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DEMETRIUS J., APPELLANT

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 10, 2000

Citations

272 A.D.2d 958 (N.Y. App. Div. 2000)
708 N.Y.S.2d 212

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