People v. Demetrius J.

Appellate Division of the Supreme Court of New York

People v. Demetrius J.

272 A.D.2d 958, 708 N.Y.S.2d 212, 2000 N.Y. App. Div. LEXIS 8217

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

DecidedMay 10, 2000

StatusPublished

Cited by1 cases

This text of 272 A.D.2d 958 (People v. Demetrius J.) 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. Demetrius J., 272 A.D.2d 958, 708 N.Y.S.2d 212, 2000 N.Y. App. Div. LEXIS 8217 (N.Y. Ct. App. 2000).

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Opinion

—Adjudication unanimously affirmed. 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 [1]), defendant was an “eligible inmate” as that term is defined in Correction Law § 865 (1). (Appeal from Adjudication of Jefferson County Court, Clary, J. — Youthful Offender.) Present — Wisner, J. P., Hurlbutt, Balio and Lawton, JJ.

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—Adjudication unanimously affirmed. 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 [1]), defendant was an “eligible inmate” as that term is defined in Correction Law § 865 (1). (Appeal from Adjudication of Jefferson County Court, Clary, J. — Youthful Offender.) Present — Wisner, J. P., Hurlbutt, Balio and Lawton, JJ.

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Bluebook (online)

272 A.D.2d 958, 708 N.Y.S.2d 212, 2000 N.Y. App. Div. LEXIS 8217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-demetrius-j-nyappdiv-2000.

Opinion

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