People v. Dawn Maria C.
| Decision Date | 14 January 1986 |
| Citation | 490 N.E.2d 530,499 N.Y.S.2d 663,67 N.Y.2d 625 |
| Parties | , 490 N.E.2d 530 The PEOPLE of the State of New York, Appellant, v. DAWN MARIA C., Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 105 A.D.2d 325, 484 N.Y.S.2d 328, should be affirmed.
Although no appeal lies from the Appellate Division order of reversal "as a matter of discretion in the interest of justice" to review the intermediate appellate court's exercise of its discretion in declaring defendant a youthful offender (CPL 450.90[2][a] ), an appeal does lie to consider the narrow issue concerning the legality of that court's corrective action (CPL 450.90[2][b]; People v. Mackell, 40 N.Y.2d 59, 386 N.Y.S.2d 37, 351 N.E.2d 684). We find no illegality in the Appellate Division's remittal to County Court for sentencing. In so concluding we do not read the Appellate Division's statement in its decision that County Court should "fix a reasonable definite term of incarceration along with a probationary period which includes the necessary counseling" (105 A.D.2d, at p. 336, 484 N.Y.S.2d 328) as in any way limiting the County Court's discretion to impose a sentence authorized by statute (CPL 720.20[3]; Penal Law § 60.02[2] ).
HANCOCK, J., taking no part.
Order affirmed in a memorandum.
To continue reading
Request your trial
-
People v. Marquis A.
...N.Y.S.2d 760 [2011] ; People v. Cruickshank, 105 A.D.2d 325, 334–335, 484 N.Y.S.2d 328 [1985], affd. sub nom. People v. Dawn Maria C., 67 N.Y.2d 625, 499 N.Y.S.2d 663, 490 N.E.2d 530 [1986] ).1 Thus, we consider first whether defendant is an “eligible youth” for purposes of youthful offende......
-
People v. Taylor
...142 A.D.2d 745, 531 N.Y.S.2d 48; see also, People v. Cruickshank, 105 A.D.2d 325, 331-332, 484 N.Y.S.2d 328, affd. 67 NY2d 625, 499 N.Y.S.2d 663, 490 N.E.2d 530). The admission of Ms. Treacy's testimony on rape trauma syndrome in this case is consistent with the increasing tendency of the c......
-
People v. Silburn
...ch 558, § 9; People v. Cruickshank, 105 A.D.2d 325, 329, 484 N.Y.S.2d 328 [3d Dept. 1985], affd sub nom. People v. Dawn Maria C., 67 N.Y.2d 625, 499 N.Y.S.2d 663, 490 N.E.2d 530 [1986] ; see also Joseph W. Bellacosa, Practice Commentary, McKinney's Cons Laws of NY, Book 11A, CPL 250.10 at 4......
-
Soucie v. County of Monroe
...U.S. 1059, 96 S.Ct. 796, 46 L.Ed.2d 650 (1976); People v. Cruickshank, 105 A.D.2d 325, 333, 484 N.Y.S.2d 328, aff'd, 67 N.Y.2d 625, 499 N.Y.S.2d 663, 490 N.E.2d 530 (1985); People v. Cook, 37 N.Y.2d 591, 595, 376 N.Y.S.2d 110, 338 N.E.2d 619 (1975). Accordingly, Virginia and Gregg Soucie la......