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Defendant Properly Sentenced As a Youthful Offender on One Indictment But Not on a Second Indictment

The Second Department determined the sentencing court properly sentenced defendant as a youthful offender under one indictment and properly declined to sentence defendant as a youthful offender under a second indictment:

The defendant contends that, because the sentencing court granted him youthful offender status with respect to Indictment No. 12-00529, it was required to do so with respect to Indictment No. 12-01380. The defendant was not convicted of two crimes set forth in separate counts of a single indictment, nor was he convicted of two crimes set forth in two separate indictments consolidated for trial purposes (see CPL 720.20[2]). Therefore, the sentencing court was authorized in its discretion to determine that the defendant was a youthful offender with respect to either or both convictions … . Accordingly, the sentencing court properly determined that it may find the defendant a youthful offender with respect to his conviction under Indictment No. 12-00529, but not with respect to his conviction under Indictment No. 12-01380.  People v Shaquille Mc, 2014 NY Slip Op 01633, 2nd Dept 3-12-14

 

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