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Youthful-Offender Sentence In Excess of Four Years (After Probation Violation) Illegal

The Fourth Department wrote:

Defendant … appeals from an adjudication that revoked his probation and sentenced him to three terms of incarceration of 1… to 4 years, two of which were ordered to run consecutively to each other.  Defendant’s sentence thus aggregates to a term of incarceration of 2… to 8 years, and we agree with defendant that the sentence is illegal.  “[H]aving adjudicated defendant a youthful offender, [Supreme C]ourt was without authority to impose consecutive sentences in excess of four years.” We therefore modify the adjudication by directing that all of the sentences shall run concurrently with respect to each other… . People v Tajenee J, 1175, 4th Dept 11-15-13

 

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Waiver of Appeal Invalid, Sentence Excessive.
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THE ARGUMENT THAT THE PROBATION OFFICER’S SEARCH OF DEFENDANT’S RESIDENCE WAS UNLAWFUL AND UNREASONABLE BECAUSE IT WAS BASED SOLELY ON AN UNCORROBORATED ANONYMOUS TIP WAS NOT PRESERVED FOR APPEAL, THE DISSENT DISAGREED; DEFENDANT DID NOT DEMONSTRATE DEFENSE COUNSEL WAS INEFFECTIVE FOR FAILING TO PRESERVE THE ISSUE (FOURTH DEPT).
RELEASE SIGNED BY ONE OF THE BENEFICIARIES OF THE WILL, RELEASING THE EXECUTOR FROM LIABILITY STEMMING FROM THE ADMINISTRATION OF THE ESTATE, WAS NOT VALID BECAUSE THE BENEFICIARY WAS NOT FULLY INFORMED ABOUT THE VALUE OF THE SECURITIES IN THE ESTATE, AND THE EFFECTS OF LEAVING A TRUST UNFUNDED, SURROGATE’S COURT IMPROPERLY PLACED THE BURDEN OF DEMONSTRATING THE RELEASE WAS INVALID ON THE BENEFICIARY (FOURTH DEPT).
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HEARSAY STATEMENTS BY A CODEFENDANT SHOULD NOT HAVE BEEN ADMITTED TO SHOW THE STATE OF MIND OF THE INVESTIGATORS QUESTIONING THE DEFENDANT; THE INVESTIGATORS’ STATE OF MIND WAS NOT RELEVANT TO ANY ISSUE IN THE CASE (FOURTH DEPT).

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