People v. Jacobs

Defendant pleaded guilty to the crime of burglary in the second degree and was sentenced in accordance with the plea agreement to a term of 3 to 9 years in prison. On appeal, defendant argues that County Court abused its discretion in denying him youthful offender status, denying his motion to withdraw his plea and imposing a sentence of 3 to 9 years in prison. Notwithstanding the fact that defendant was only 16 years old at the time he committed the subject crime, he was not automatically entitled to youthful offender status (see, People v Massaquor, 215 AD2d 167). In view of the seriousness…