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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MERCEDITA VERA, Appellant.

Ordered that the judgment is affirmed.

Mere eligibility for youthful offender status does not mandate youthful offender treatment, and the grant of such a benefit lies wholly within the discretion of the court (see, People v. Barr, 168 A.D.2d 625; People v. Williams, 124 A.D.2d 615). We find that the Supreme Court did not improvidently exercise its discretion in denying the defendant youthful offender status, despite her lack of a prior criminal record, where the crime she committed was premeditated, senseless and violent, and resulted in permanent injuries to the unresisting victim (see, e.g., People v. Hopkins, 163 A.D.2d 416; People v. Granger, 82 A.D.2d 643). Mangano, P.J., Bracken, Lawrence, Altman and Friedmann, JJ., concur.

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PEOPLE v. VERA
(Jul 18, 1994)