Legal Opinion

People v. Donald Joseph P.

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 1976PublishedCited by 2 opinions

1Opinion of the Court

Appeal by defendant, as limited by his brief, from a sentence of the County Court, Suffolk County, imposed January 7, 1976. *662Sentence affirmed. Notwithstanding the fact that the defendant, a youth who had pleaded guilty to the crime of criminal sale of a controlled substance in the third degree (a class A-III felony), was adjudicated a. youthful offender, the law mandates that he be sentenced in accordance with section 60.02 or section 60.03 of the Penal Law. The determining factor under those sections is whether the youth is a narcotic addict. Since the record before us indicates the…

2Cases cited1 opinion

  1. People v. BroadieNew York Court of Appeals · 1975

3Cited by2 opinions

  1. O'Brien v. TanenbaumAppellate Division of the Supreme Court of the State of New York · 1976
  2. People v. Richard H.Appellate Division of the Supreme Court of the State of New York · 1980

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