At 17-years of age, Reece R. was charged with felony drug possession and pleaded guilty to criminal possession of a controlled substance in the third degree.
At the time of the plea, the prosecutor supposedly told Reece that because of the seriousness of the misconduct, youthful offender (YO) status wasn't available, and the kid received a five year prison sentence together with two years of post-release supervision.
On appeal, Reece argued that the court's failure to address possible YO treatment at sentencing was a reversible error, but the Appellate Division, Third Department, didn't agree--finding that any right to such consideration had been waived.
When the dispute got to our state's highest court, the New York State Court of Appeals examined the underlying statute and determined that a YO determination "must" be made in each case, regardless of whether or not it is requested by an "eligible youth."
Youth must be served.
To view a copy of the Court of Appeals's decision, please use this link: People v. R.