People v. Richard MM.

Appeal from a judgment of the County Court of Tompkins County (Barrett, J.), rendered March 12, 1982, which sentenced defendant upon his adjudication as a youthful offender. Defendant contends that the sentence imposed of up to three years in prison is one not authorized by law for a conviction of a class E felony (attempted burglary in the third degree), that an updated presentence report should be furnished the court or, in the alternative, that the sentence should be reduced in the interest of justice to a term of probation. The prosecutor with commendable candor agrees that the sentencing…