People v. Smith

— Judgment unanimously modified as a matter of discretion in the interest of justice by vacating defendant’s convictions for rape, first degree, and endangering the welfare of a child and by adjudicating defendant a youthful offender and imposing a sentence of IVz to 4 years, and otherwise judgment affirmed. Memorandum: We agree with the trial court that this was an extremely "troubling” and "tragic” case. Defendant (who was 18 years old at the time) was convicted of first degree rape for engaging in sexual intercourse with a 15-year-old girl, who had been drinking heavily at defendant’s…