AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES E. BUTCHER, Appellant.

Pursuant to a plea bargain agreement, defendant pleaded guilty to the crime of attempted burglary in the second degree. After being denied adjudication as a youthful offender, defendant was sentenced to a prison term of six months to be followed by a five-year term of probation. Defendant appeals contending that County Court erred in denying him youthful offender status contrary to the recommendation in the presentence report. We disagree.

The decision to grant youthful offender status lies within the sound discretion of the sentencing court and, absent a clear abuse of discretion, the court's determination will not be disturbed ( see, People v Reyell, 234 AD2d 794). Given defendant's history of substance abuse and previous arrests, we find no abuse of discretion or extraordinary circumstances warranting our intervention.

Ordered that the judgment is affirmed.

Use AI to get other relevant cases.

Comments

PEOPLE v. BUTCHER
(Feb 27, 1997)