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People v. Jacobs

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 1996
228 A.D.2d 753 (N.Y. App. Div. 1996)

Opinion

June 6, 1996

Appeal from the County Court of Schenectady County (Scarano, Jr., J.).


Defendant pleaded guilty to the crime of burglary in the second degree and was sentenced in accordance with the plea agreement to a term of 3 to 9 years in prison. On appeal, defendant argues that County Court abused its discretion in denying him youthful offender status, denying his motion to withdraw his plea and imposing a sentence of 3 to 9 years in prison. Notwithstanding the fact that defendant was only 16 years old at the time he committed the subject crime, he was not automatically entitled to youthful offender status ( see, People v. Massaquor, 215 A.D.2d 167). In view of the seriousness of the crime and the charges which were dismissed in exchange for defendant's guilty plea, we do not find that County Court abused its discretion in failing to adjudicate him a youthful offender ( see, People v. Buckley, 196 A.D.2d 915).

Similarly, we reject defendant's claim that County Court abused its discretion in denying his motion to vacate his guilty plea. Our review of the record discloses that County Court conducted the requisite inquiry before accepting defendant's guilty plea and that defendant entered the plea knowingly, voluntarily and intelligently ( see, People v. Baker, 225 A.D.2d 949; People v. Henry, 222 A.D.2d 932). Finally, we have considered defendant's contention that his sentence was harsh and excessive and find it to be lacking in merit.

Mikoll, J.P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Jacobs

Appellate Division of the Supreme Court of New York, Third Department
Jun 6, 1996
228 A.D.2d 753 (N.Y. App. Div. 1996)
Case details for

People v. Jacobs

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN JACOBS, Appellant

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

Date published: Jun 6, 1996

Citations

228 A.D.2d 753 (N.Y. App. Div. 1996)
643 N.Y.S.2d 731

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