Legal Opinion
People v. O'Neill
Appellate Division of the Supreme Court of the State of New York
Decided April 26, 1982PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Gibbons, J. P.
The question presented, for resolution on this appeal is whether the fact alone that, in the commission of an armed felony, the defendant uses a starter pistol, incapable of inflicting harm, can provide the requisite “mitigating circumstances that bear directly upon the manner in which the crime was committed”, so as to permit the court to consider the youth eligible for youthful offender treatment under CPL 720.10 (subd 3, par [i])? We hold that it does not.
On September 10, 1979 defendant, then 16 years of age, and three other young men approached Salvador…
2Cases cited3 opinions
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 1980
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1981
- People v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by12 opinions
- People v. ShrubsallAppellate Division of the Supreme Court of the State of New York · 1990
- People v. GarciaNew York Court of Appeals · 1994
- People v. KeithAppellate Division of the Supreme Court of the State of New York · 2016
- People v. McPheeAppellate Division of the Supreme Court of the State of New York · 2014
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1993
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