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PEOPLE v. JORDAN
Appellate Division of the Supreme Court of New York, Second Department.
Dec 16, 1985
Judgment affirmed.
At plea, the court promised defendant that it would consider youthful offender treatment at sentencing. However, at sentencing, the court declined to grant defendant such treatment and sentenced him to an indeterminate term of imprisonment of 1 1/2 to 4 1/2 years.
"[E]ligibility alone does not mandate youthful offender treatment. The granting of such benefit lies wholly within the discretion of the court" (People v Williams, 78 A.D.2d 642). Upon the present record we do not find any basis for finding that the court abused its discretion in denying youthful offender treatment, nor any basis for disturbing the sentence imposed. Mollen, P.J., Brown, Niehoff and Eiber, JJ., concur.
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