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People v. Pabon

Appellate Division of the Supreme Court of New York, First Department
Feb 19, 1981
80 A.D.2d 525 (N.Y. App. Div. 1981)

Opinion

February 19, 1981


Judgment, Supreme Court, Bronx County, rendered August 10, 1979, convicting defendant, upon his plea of guilty, of robbery in the second degree and sentencing him to an indeterminate term of imprisonment having a minimum of one year and a maximum of three years, insofar as it imposes sentence, unanimously reversed, on the law, the sentence vacated and the matter remanded for consideration of youthful offender treatment and resentencing. The instant record discloses that the court precluded consideration of whether defendant was an apt candidate for youthful offender treatment. Effective six days before defendant's scheduled sentencing, a comprehensive revision of the juvenile offender law provided in part that youthful offender treatment would be available to juvenile offenders. The sentencing court precluded such consideration, presumably because it did not form part of the plea negotiations. "The provisions of the statute, however, are mandatory and may neither be ignored nor bargained away" (People v. Barrow, 51 A.D.2d 912).

Concur — Murphy, P.J., Sullivan, Markewich, Lupiano and Bloom, JJ.


Summaries of

People v. Pabon

Appellate Division of the Supreme Court of New York, First Department
Feb 19, 1981
80 A.D.2d 525 (N.Y. App. Div. 1981)
Case details for

People v. Pabon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT PABON, Appellant

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

Date published: Feb 19, 1981

Citations

80 A.D.2d 525 (N.Y. App. Div. 1981)