PEOPLE v. DEMETRIUS (2000)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. DEMETRIUS J., Defendant-Appellant.

Decided: May 10, 2000

PRESENT: WISNER, J.P., HURLBUTT, BALIO and LAWTON, JJ.

James McCann, New York City, for defendant-appellant. Cindy F. Intschert, Watertown, for plaintiff-respondent.

Defendant contends that County Court erroneously informed him that he was eligible for the shock incarceration program (see, Correction Law art. 26-A) and thus that his guilty plea was not knowingly, voluntarily and intelligently entered. We disagree. Although defendant pleaded guilty to a violent felony offense, he was adjudicated a youthful offender. “Because [a] youthful offender adjudication is not a judgment of conviction for a crime or any other offense” (CPL 720.35[1] ), defendant was an “eligible inmate” as that term is defined in Correction Law § 865(1).

Adjudication unanimously affirmed.

MEMORANDUM:

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