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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW JOHN G., Appellant.

Appeal by defendant, as limited by his motion, from three sentences of the County Court, Suffolk County, each imposed January 6, 1977, upon his adjudication as a youthful offender under Indictments Nos. 1378-75, 1379-75 and 1380-75, the sentences being indeterminate terms of imprisonment, each with a maximum of four years, to be served consecutively. Sentences modified, on the law, by deleting therefrom the provision that they shall be served consecutively and substituting therefor a provision that they shall run concurrently. As so modified, sentences affirmed. If the sentencing court believed that the defendant should be imprisoned for a maximum period of 12 years, it should not have afforded him youthful offender treatment. In sentencing him as a youthful offender to three consecutive four-year terms, the court exceeded its powers (see Penal Law, § 60.02; see, also, People ex rel. Fitzgibbons v Krueger, 66 Misc.2d 146). Rabin, J.P., Gulotta, Shapiro and O'Connor, JJ., concur.

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PEOPLE v. JOHN
(Jan 30, 1978)