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People v. Early

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 1069 (N.Y. App. Div. 1993)

Opinion

December 29, 1993

Appeal from the Supreme Court, Erie County, Kubiniec, J.

Present — Denman, P.J., Callahan, Balio, Fallon and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Under the circumstances of this case, defendant did not waive his right to request this Court, on appeal, to adjudicate him a youthful offender. Upon our consideration of the factors relevant on an application for youthful offender treatment (see, People v Cruickshank, 105 A.D.2d 325, 334, affd sub nom. People v Dawn Maria C., 67 N.Y.2d 625), we decline to exercise our interest of justice jurisdiction to vacate the conviction and adjudicate defendant a youthful offender (see, People v Hanno, 197 A.D.2d 879; cf., People v Shrubsall, 167 A.D.2d 929).


Summaries of

People v. Early

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 1069 (N.Y. App. Div. 1993)
Case details for

People v. Early

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN EARLY, Appellant

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

Date published: Dec 29, 1993

Citations

199 A.D.2d 1069 (N.Y. App. Div. 1993)
608 N.Y.S.2d 906