Opinion
March 10, 1994
Appeal from the Supreme Court, New York County (Jerome Hornblass, J.).
We find, and the People concede, that the trial court erroneously placed defendant on interim supervision prior to sentencing (see, People v. Rodney E., 77 N.Y.2d 672, 675). Moreover, and as conceded by the People, after the court denied defendant youthful offender status, it should have sentenced defendant, a 15-year old, as a juvenile offender, not as an adult (see, Penal Law § 10.00; § 60.10 [1]). Finally, we note that in light of defendant's crime and his illegal actions while on interim supervision, the court's denial of youthful offender status was not an abuse of discretion (see, People v. Selg, 110 A.D.2d 918).
Concur — Sullivan, J.P., Carro, Ellerin, Wallach and Nardelli, JJ.