You are here: / / A YOUTHFUL OFFENDER MUST CONSENT TO COMMUNITY SERVICE IMPOSED AS PART OF...

A YOUTHFUL OFFENDER MUST CONSENT TO COMMUNITY SERVICE IMPOSED AS PART OF A SENTENCE (SECOND DEPT).

The Second Department, modifying the sentence imposed by County Court, noted that the defendant youthful offender did not consent to community service as part of his sentence, as required by the Penal Law:

… [A] court may require a defendant, as a condition of a sentence of probation, to “[p]erform services for a public or not-for-profit corporation, association, institution[,] or agency” (Penal Law § 65.10[2][h]; cf. CPL 170.55). However, a community service condition “may only be imposed upon conviction of” certain types of crimes, including a “class E felony, or a youthful offender finding replacing any such conviction, where the defendant has consented to the amount and conditions of such service” … . …

… [T]he defendant correctly asserts that “the record is . . . devoid of any indication that [he] actually consented to the terms and conditions of community service imposed at the time of sentencing” … . The comments of defense counsel at sentencing did not provide the requisite consent, as defense counsel’s suggestion of community service was made in the context of arguing that a term of incarceration was unwarranted. In any event, even if defense counsel’s statements could be construed as providing the defendant’s “consent to the possibility of community service . . . , there is no proof whatsoever on the record that [the] defendant consented to the amount and conditions of the community service actually imposed by [the] County Court, which is what is specifically required by [Penal Law § 65.10(2)(h)]” … . People v Joseph D., 2024 NY Slip Op 02064, Second Dept 4-17-24

Practice Point: Penal Law 65.10 requires the consent of a youthful offender to community service as part of a sentence.

 

You might also like
Failure to Enter a Default Judgment within One Year Justified Dismissal of the Complaint as Abandoned
PLAINTIFF, WHO HAD THE RIGHT OF WAY, DID NOT DEMONSTRATE FREEDOM FROM COMPARATIVE FAULT IN THIS BUS-CAR COLLISION CASE, SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED.
Provision of County Charter Requiring a Referendum to Amend the Drinking Water Protection Program Is Valid and Enforceable—Amendment Enacted Without the Referendum Is Null and Void—Both Individual and Organizational Plaintiffs Had Standing to Contest the Amendment
PRIVATE CONTRACT DISPUTES, UNIQUE TO THE PARTIES, ARE NOT COVERED BY GENERAL BUSINESS LAW 349 OR 35O WHICH ARE APPLICABLE ONLY TO CONSUMER-ORIENTED CONDUCT (SECOND DEPT).
Sua Sponte Dismissal of Complaint Not Justified and Improperly Imposed
A MONETARY PENALTY IMPOSED UPON PLAINTIFF’S ATTORNEY, AS OPPOSED TO DISMISSAL OF THE COMPLAINT, WAS THE APPROPRIATE SANCTION FOR PLAINTIFF’S FAILURE TO PROVIDE DISCOVERY (SECOND DEPT).
PLAINTIFF PROPERLY ALLOWED TO AMEND THE MEDICAL MALPRACTICE COMPLAINT AFTER THE STATUTE OF LIMITATIONS HAD RUN TO ADD A TREATING DOCTOR EMPLOYED BY A NAMED DEFENDANT PURSUANT TO THE RELATION-BACK DOCTRINE (SECOND DEPT).
A CONDITIONAL ORDER OF DISMISSAL PURSUANT TO CPLR 3216 WHICH DOES NOT STATE THE FAILURE TO FILE A NOTE OF ISSUE WITHIN 90 DAYS WOULD BE THE BASIS OF A MOTION TO DISMISS THE COMPLAINT IS INEFFECTIVE AND CAN BE VACATED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PLAINTIFF IS THE SUCCESSOR IN INTEREST TO THE PLAINTIFF IN A PRIOR IDENTICAL... ACQUITTAL ON THE RAPE AND FORCIBLE TOUCHING CHARGES RENDERED THE “ENDANGERING...