People v. Rodriguez

Appellate Terms of the Supreme Court of New York

People v. Rodriguez

56 Misc. 2d 576, 289 N.Y.S.2d 276, 1968 N.Y. Misc. LEXIS 1852

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 5, 1968

StatusPublished

Cited by1 cases

This text of 56 Misc. 2d 576 (People v. Rodriguez) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Rodriguez, 56 Misc. 2d 576, 289 N.Y.S.2d 276, 1968 N.Y. Misc. LEXIS 1852 (N.Y. Ct. App. 1968).

Pincite

Opinion

Per Curiam.

It was error to condition eligibility for youthful offender treatment upon a plea of guilty. The youthful offender statutes authorize the court to determine eligibility for such treatment irrespective of the plea (Code Crim. Pro., § 913-g), and a defendant may not be precluded from pleading his innocence and insisting upon a trial. Basic considerations of fairness to an accused prevent the imposition of a condition to a determination of eligibility for youthful offender treatment.

The judgment adjudicating the defendant a youthful offender should be reversed on the law and on the facts, the plea vacated, and the case remanded to the court below for repleading and further appropriate proceedings.

Concur — Hecht, Jr., J. P., Gold and Hofstadter, JJ.

Judgment reversed, etc.

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