People v. Romano

In satisfaction of a superior court information charging defendant with the crime of rape in the first degree, defendant pleaded guilty to the crime of rape in the second degree and waived his right to appeal. At sentencing defendant’s request for youthful offender treatment was denied. He was sentenced pursuant to the negotiated, plea agreement to six months in jail, which time he had already served, and 10 years of probation. Defendant now appeals, contending that County Court erred by not considering that he was eligible for youthful offender treatment.

Where, as here, it is asserted that…