People v. James S.

Appeal by the People from a sentence of the Supreme Court, Kings County, imposed June 1, 1978, upon the defendant’s adjudication as a youthful offender after his conviction of assault in the first degree, upon a jury verdict, the sentence being a nine-month term of intermittent imprisonment. Sentence reversed, on the law, and case remanded to the Criminal Term for resentence. CPL 720.20 provides: "Youthful offender determination; when and how made; procedure thereupon * * * 3. Upon determining that an eligible youth is a youthful offender, the court must direct that the conviction be deemed…