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PEOPLE v. WHIDBEE

2015-11503. Ind. No. 5302/15.

164 A.D.3d 623 (2018)

78 N.Y.S.3d 674

2018 NY Slip Op 05710

The People of the State of New York, Respondent, v. Tyrone Whidbee, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 8, 2018.

Ordered that the sentence is affirmed.

The Court of Appeals in People v Rudolph (21 N.Y.3d 497, 502 [2013]) stated that, although the right to consideration of youthful offender treatment is not waivable, the "prosecutor may bargain for the right to withdraw consent to the plea agreement if youthful offender treatment is granted." In this case, the prosecutor bargained for the right to withdraw consent to the plea agreement...

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