People v. Caldwell

Appellate Division of the Supreme Court of New York

People v. Caldwell

116 A.D.2d 1039, 498 N.Y.S.2d 594, 1986 N.Y. App. Div. LEXIS 51834

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

DecidedJanuary 24, 1986

StatusPublished

This text of 116 A.D.2d 1039 (People v. Caldwell) 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. Caldwell, 116 A.D.2d 1039, 498 N.Y.S.2d 594, 1986 N.Y. App. Div. LEXIS 51834 (N.Y. Ct. App. 1986).

Pincite

Opinion

unanimously af[1040]*1040firmed. Memorandum: The sentencing court should have determined youthful offender status with the benefit of a presentence investigative report at the time of pronouncing sentence and erred in determining this status when defendant entered his guilty plea (CPL 720.20). However, in view of defendant’s prior criminal record and his background as detailed in the presentence report, we affirm the denial of youthful offender status to him. (Appeal from judgment of Niagara County Court, Hannigan, J. — sexual abuse, first degree, and conspiracy, sixth degree.) Present — Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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unanimously af[1040]*1040firmed. Memorandum: The sentencing court should have determined youthful offender status with the benefit of a presentence investigative report at the time of pronouncing sentence and erred in determining this status when defendant entered his guilty plea (CPL 720.20). However, in view of defendant’s prior criminal record and his background as detailed in the presentence report, we affirm the denial of youthful offender status to him. (Appeal from judgment of Niagara County Court, Hannigan, J. — sexual abuse, first degree, and conspiracy, sixth degree.) Present — Denman, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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Bluebook (online)

116 A.D.2d 1039, 498 N.Y.S.2d 594, 1986 N.Y. App. Div. LEXIS 51834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-caldwell-nyappdiv-1986.