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People v. Colon

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1999
267 A.D.2d 319 (N.Y. App. Div. 1999)

Opinion

Submitted November 10, 1999

December 13, 1999

Appeal by the defendant from two judgments of the County Court, Suffolk County (Cacciabaudo, J.), both rendered February 4, 1998, convicting him of leaving the scene of an accident involving personal injury or death under Indictment No. 2651/97, and aggravated unlicensed operation of a motor vehicle in the second degree under Indictment No. 97/98, upon his pleas of guilty, and imposing sentences.

Robert C. Mitchell, Riverhead, N.Y. (Martin P. Golden, Jr., of counsel), for appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N Y (Michael A. Gajdos of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgments are affirmed.

Mere eligibility for youthful offender status does not mandate youthful offender treatment. The decision to grant such treatment lies within the sound discretion of the sentencing court (see,People v. Wallace, 246 A.D.2d 676 ; People v. Vera, 206 A.D.2d 494 ;People v. Barr, 168 A.D.2d 625 ). The County Court's determination to deny youthful offender treatment to the defendant was not an improvident exercise of discretion.

O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, LUCIANO, and FEUERSTEIN, JJ., concur.


Summaries of

People v. Colon

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1999
267 A.D.2d 319 (N.Y. App. Div. 1999)
Case details for

People v. Colon

Case Details

Full title:THE PEOPLE, etc., respondent, v. JOSE COLON, appellant. (Ind. Nos. 2651/97…

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

Date published: Dec 13, 1999

Citations

267 A.D.2d 319 (N.Y. App. Div. 1999)
699 N.Y.S.2d 878

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