People v. Ruben S.

The perplexing issue that emerges from this criminal sentence is whether one who has been adjudicated a youthful offender with an underlying A-III felony conviction can be sentenced to a term of probation for five years.

The sentence imposed herein is predicated upon the previous decision of this court to adjudge the defendant to be a youthful offender under the provisions of CPL 720.10 despite the fact that it appeared that he was not an eligible youth. (People v Ruben S., 81 Misc 2d 305.) For all of the reasons set forth in its detailed opinion, this court concluded that, insofar as CPL…