People v. Dawn Maria C.
Cases that cite this one
136 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Strong (Appellate Division of the Supreme Court of New York 2017)
- People v. Brenda WW. (N.Y. 2025)
- People v. Silburn (N.Y. 2018)
- Soucie v. County of Monroe (District Court, W.D. New York 1990)
- People v. Hannah T. (Appellate Division of the Supreme Court of New York 2025)
- People v. Hall (Appellate Division of the Supreme Court of New York 2025)
- People v. Davonte S.B. (Appellate Division of the Supreme Court of New York 2024)
- People v. Thomas R.O. (Appellate Division of the Supreme Court of New York 2016)
- The People v. William Middlebrooks / The People v. Fabrice Lowe (N.Y. 2015)
- People v. Andrea FF. (Appellate Division of the Supreme Court of New York 1992)
- People v. Thiessen (N.Y. 1990)
- People v. Shrubsall (Appellate Division of the Supreme Court of New York 1990)
- People v. Overstreet (Appellate Division of the Supreme Court of New York 2026)
- People v. McGeachy (Appellate Division of the Supreme Court of New York 2026)
- People v. Trimboli (Appellate Division of the Supreme Court of New York 2025)
- People v. Nathan (Appellate Division of the Supreme Court of New York 2025)
- People v. Spencer (Appellate Division of the Supreme Court of New York 2025)
- People v. Cha-Narion D. (Appellate Division of the Supreme Court of New York 2024)
- People v. Marshall (Appellate Division of the Supreme Court of New York 2023)
- People v. Brenda WW. (Appellate Division of the Supreme Court of New York 2023)
- People v. Flagg (Appellate Division of the Supreme Court of New York 2022)
- People v. Brendon V. (Appellate Division of the Supreme Court of New York 2022)
- People v. Meridy (Appellate Division of the Supreme Court of New York 2021)
- People v. Terrence L. (Appellate Division of the Supreme Court of New York 2021)
- People v. Olivo (Appellate Division of the Supreme Court of New York 2021)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Although no appeal lies from the Appellate Division order of reversal "as a matter of discretion in the interest of justice” to review the intermediate appellate court’s exercise of its discretion in declaring defendant a youthful offender (CPL 450.90 [2] [a]), an appeal does lie to consider the narrow issue concerning the legality of that court’s corrective action (CPL 450.90 [2] [b]; People v Mackell, 40 NY2d 59). We find no illegality in the Appellate Division’s remittal to County Court for sentencing. In so concluding we do not read the Appellate Division’s statement in its decision that County Court should "fix a reasonable definite term of incarceration along with a probationary period which includes the necessary counseling” (105 AD2d, at p 336) as in any way limiting the County Court’s discretion to impose a sentence authorized by statute (CPL 720.20 [3]; Penal Law § 60.02 [2]).
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Titone concur; Judge Hancock, Jr., taking no part.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.