People v. Mervin

OPINION OF THE COURT

Benjamin Altman, J.

Can a Federally judicially decreed youthful offender adjudication which becomes a felony as a result of the youth’s postdecree behavior become a felony under New York State law?

Defendant had been indicted in 1982 under indictment No. 1774/82 for the criminal sale of a controlled substance in the third degree and at the call of the Supreme Court Calendar, the prosecution and defense counsel agreed upon a plea bargain subject to the court’s approval. The defendant was accused of selling several Valium pills to an undercover police officer. The People were…