Donovan Spence v. Superintendent, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional Services
Court of Appeals for the Second Circuit
1Opinion of the Court
CARDAMONE, Circuit Judge:
In September 1992 a New York Supreme Court Justice having defendant Donovan Spence before him on a robbery charge, offered the promise of youthful offender treatment to Spence on the condition that he not engage in any further misconduct or get rearrested. If Spence broke that condition, the judge warned, he would impose a sentence of eight and one-third to 25 years. He then deferred sentence until November 1992 to see if the youth could keep out of trouble. -This appeal is about what occurred in the interval and the legal ramifications of those events.
Defendant was…
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