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People v. Belsito

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 583 (N.Y. App. Div. 1987)

Opinion

May 11, 1987

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgment is affirmed.

The defendant pleaded guilty with knowledge that he might be denied youthful offender status. At sentencing, the defendant did not object to the sentence or seek to withdraw his plea, thereby waiving his right to contest this issue on appeal (see, People v. Polansky, 125 A.D.2d 505; People v. Ifill, 108 A.D.2d 202). Moreover, "eligibility alone does not mandate youthful offender treatment. The granting of such benefit lies wholly within the discretion of the court" (see, People v. Williams, 78 A.D.2d 642; People v. Jordan, 115 A.D.2d 622). Upon a review of the record on appeal, there is no basis for finding that the court abused its discretion in denying youthful offender treatment. Thompson, J.P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.


Summaries of

People v. Belsito

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 583 (N.Y. App. Div. 1987)
Case details for

People v. Belsito

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN M. BELSITO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 11, 1987

Citations

130 A.D.2d 583 (N.Y. App. Div. 1987)

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