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People v. Albert

Appellate Division of the Supreme Court of New York, Second Department
Aug 4, 1980
77 A.D.2d 885 (N.Y. App. Div. 1980)

Opinion

August 4, 1980


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 8, 1978, convicting him of attempted grand larceny in the third degree, upon a jury verdict, denying youthful offender treatment, and imposing a sentence of one year of imprisonment. Judgment modified, as a matter of discretion in the interest of justice, to the extent of deeming the conviction vacated and granting the defendant youthful offender status. As so modified, judgment affirmed. Under the facts of this case, in view of the defendant's age and that this was his first conflict with the law, it was improvident to deny defendant youthful offender treatment. In fact, the probation department recommended that the defendant be granted youthful offender treatment and that he not be incarcerated. (See People v. Richard H., 65 A.D.2d 775; People v. Andrews, 65 A.D.2d 688.) Lazer, J.P., Gibbons, Martuscello and O'Connor, JJ., concur.


Summaries of

People v. Albert

Appellate Division of the Supreme Court of New York, Second Department
Aug 4, 1980
77 A.D.2d 885 (N.Y. App. Div. 1980)
Case details for

People v. Albert

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT F., Appellant

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

Date published: Aug 4, 1980

Citations

77 A.D.2d 885 (N.Y. App. Div. 1980)