Legal Opinion

People v. Malave

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

Decided January 14, 1992PublishedCited by 5 opinions

1Opinion of the Court

The decision to grant youthful offender treatment lies within the discretion of the sentencing court. (CPL 720.20 [1] [a].) In determining whether to grant an application for youthful offender status, "the factors to be considered include the gravity of the crime and manner in which it was committed, *420mitigating circumstances, defendant’s prior criminal record, prior acts of violence, recommendations in the presentence reports, defendant’s reputation, the level of cooperation with authorities, defendant’s attitude toward society and respect for the law, and the prospects for rehabilitation and…

2Cases cited2 opinions

  1. People v. CruickshankAppellate Division of the Supreme Court of the State of New York · 1985
  2. People v. Dawn Maria C.New York Court of Appeals · 1986

3Cited by5 opinions

  1. People v. CalkinsAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. BaaAppellate Division of the Supreme Court of the State of New York · 1993
  3. Moronta v. RichDistrict Court, S.D. New York · 2023
  4. People v. CalkinsAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. EspinalAppellate Division of the Supreme Court of the State of New York · 2025

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