PEOPLE v. RODRIGUEZ


56 Misc.2d 576 (1968)

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


Attorney(s) appearing for the Case

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

Concur — HECHT, JR., J. P., GOLD and HOFSTADTER, JJ.


Per Curiam.

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...

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