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The People of the State of New York, Respondent v. Givaun B. (Anonymous)

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


August 9, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
GIVAUN B. (ANONYMOUS), APPELLANT.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Alvin M. Yearwood, J.), rendered March 25, 2008.

People v Givaun B.

Decided on August 9, 2011

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ

The judgment adjudicated defendant a youthful offender upon a jury verdict finding him guilty of two counts of sexual abuse in the second degree and one count of endangering the welfare of a child.

ORDERED that the judgment adjudicating defendant a youthful offender is reversed, on the facts and as a matter of discretion in the interest of justice, and the accusatory instrument is dismissed.

Defendant was adjudicated a youthful offender upon a jury verdict finding him guilty of two counts of sexual abuse in the second degree (Penal Law § 130.60 [2]) and one count of endangering the welfare of a child (Penal Law § 260.10 [1]).

Although the evidence was legally sufficient and the verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]), we nevertheless "are left with a very disturbing feeling . . . that there is a grave risk that an innocent individual has been" adjudicated a youthful offender (People v Kidd, 76 AD2d 665, 668 [1980]; see People v Lawrence, 111 Misc 2d 1027 [App Term, 2d & 11th Jud Dists 1981]). Accordingly, the judgment adjudicating defendant a youthful offender is reversed and the accusatory instrument dismissed.

In view of the foregoing, we pass on no other issue.

Pesce, P.J., Golia and Steinhardt, JJ., concur.

Decision Date: August 09, 2011

20110809

© 1992-2011 VersusLaw Inc.



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