People v. Jones

152 A.D.2d 917 | N.Y. App. Div. | 1989

Judgment unanimously affirmed. Memorandum: A prior juvenile offender felony conviction is a predicate felony for sentencing purposes (see, Penal Law § 60.10 [2]). There is no merit to defendant’s arguments *918that he should have been sentenced as a youthful offender and that his sentence was harsh and excessive. (Appeal from judgment of Niagara County Court, DiFlorio, J. — manslaughter, first degree; assault, third degree.) Present — Callahan, J. P., Denman, Green, Pine and Lawton, JJ.