People v. Barber

Appellate Division of the Supreme Court of New York

People v. Barber

70 A.D.2d 748, 416 N.Y.S.2d 766, 1979 N.Y. App. Div. LEXIS 12230

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 31, 1979

StatusPublished

This text of 70 A.D.2d 748 (People v. Barber) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Barber, 70 A.D.2d 748, 416 N.Y.S.2d 766, 1979 N.Y. App. Div. LEXIS 12230 (N.Y. Ct. App. 1979).

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Opinion

— Appeal from a judgment of the County Court of Warren County, rendered February 21, 1978, upon defendant’s plea of guilty of the crime of manslaughter in the first degree. Defendant was sentenced to from 5 to 15 years’ imprisonment. At the time of the commission of the crime in August, 1969, he was 17 years of age. At the time of sentencing, defendant met all the requirements for eligibility for youthful offender status. On appeal defendant challenges the constitutionality of CPL 720.20 (subd 1, par [fa]), and contends that he should have mandatorily been treated as a youthful offender. However, the record of the County Court proceedings reveals that defendant, in open court, waived any right to adjudication as a youthful offender and, thus, the issue has not been properly preserved for appellate review (People v Drummond, 40 NY2d 990, 993). Judgment affirmed. Sweeney, J. P., Kane, Staley, Jr., Mikoll and Herlihy, JJ., concur.

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— Appeal from a judgment of the County Court of Warren County, rendered February 21, 1978, upon defendant’s plea of guilty of the crime of manslaughter in the first degree. Defendant was sentenced to from 5 to 15 years’ imprisonment. At the time of the commission of the crime in August, 1969, he was 17 years of age. At the time of sentencing, defendant met all the requirements for eligibility for youthful offender status. On appeal defendant challenges the constitutionality of CPL 720.20 (subd 1, par [fa]), and contends that he should have mandatorily been treated as a youthful offender. However, the record of the County Court proceedings reveals that defendant, in open court, waived any right to adjudication as a youthful offender and, thus, the issue has not been properly preserved for appellate review (People v Drummond, 40 NY2d 990, 993). Judgment affirmed. Sweeney, J. P., Kane, Staley, Jr., Mikoll and Herlihy, JJ., concur.

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Bluebook (online)

70 A.D.2d 748, 416 N.Y.S.2d 766, 1979 N.Y. App. Div. LEXIS 12230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barber-nyappdiv-1979.