People v. Kerr

Judgment unanimously modified to afford defendant youthful offender status in accordance with memorandum and as modified affirmed. Memorandum: Appellant was found guilty by a jury of burglary in the third degree in violation of section 140.20 of the Penal Law and a judgment of conviction was entered against him in Genesee County Court on July 31, 1972. His application for treatment as a youthful offender was denied and he was sentenced as an adult to five years’ probation. This is an appeal from that conviction and from the court’s denial of youthful offender treatment. We conclude that…