People v. Rodriguez — 56 Misc. 2d 576

Majority

p. 576

The People of the State of New York, Respondent, v. Joseph Rodriguez, Also Known as Joseph Ramos, Appellant.

Supreme Court, Appellate Term, First Department,

January 5, 1968.

Anthony F. Marra and Kalman Finkel for appellant. Frank S. Hogan, District Attorney (Sybil H. Landau of counsel), for respondent.

It was error to condition eligibility for youthful offender treatment upon a plea of guilty. The youthful offender statutes authorize the court to determine eligibility for such treatment irrespective of the plea (Code Crim. Pro., § 913-g), and a defendant may not be precluded from pleading his innocence and insisting upon a trial. Basic considerations of fairness to an accused prevent the imposition of a condition to a determination of eligibility for youthful offender treatment.

The judgment adjudicating the defendant a youthful offender should be reversed on the law and on the facts, the plea vacated, and the case remanded to the court below for repleading and further appropriate proceedings.

Concur — Hecht, Jr., J. P., Gold and Hofstadter, JJ.

Judgment reversed, etc.