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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL BARR, Appellant.

Ordered that the judgment is affirmed.

Mere eligibility does not mandate youthful offender treatment, and the grant of such a benefit lies wholly within the discretion of the court (see, People v. Jordan, 115 A.D.2d 622). We find that the sentencing court did not improvidently exercise its discretion in denying the defendant youthful offender status. Thompson, J.P., Brown, Balletta, Miller and O'Brien, JJ., concur.

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PEOPLE v. BARR
(Dec 24, 1990)