Legal Opinion

People v. Rodriguez

Appellate Terms of the Supreme Court of New York

Decided January 5, 1968PublishedCited by 1 opinion

1Per curiam

It was error to condition eligibility for youthful offender treatment upon a plea of guilty. The youthful offender statutes authorize the court to determine eligibility for such treatment irrespective of the plea (Code Crim. Pro., § 913-g), and a defendant may not be precluded from pleading his innocence and insisting upon a trial. Basic considerations of fairness to an accused prevent the imposition of a condition to a determination of eligibility for youthful offender treatment.

The judgment adjudicating the defendant a youthful offender should be reversed on the law and on the facts, the…

2Cited by1 opinion

  1. People v. SotoAppellate Terms of the Supreme Court of New York · 1969

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