Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Alvin M. Yearwood, J.), rendered March 25, 2008.
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This opinion is uncorrected and will not be published in the printed Official Reports.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 ) and one count of endangering the welfare of a child (Penal Law § 260.10 ).
Although the evidence was legally sufficient and the verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 ), 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 ; 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 ...