40 A.D.2d 1045 | N.Y. App. Div. | 1972
Appeal from a judgment of the County Court of Cortland County, rendered March 27, 1972, convicting defendant, on his plea of guilty, of criminal possession of a dangerous drug, fifth degree. Appellant was indicted on a two-count indictment charging him with criminally selling a dangerous drug, fourth degree (Penal Law, § 220.30) and criminal possession of a dangerous drug, fifth degree (Penal Law, § 220.10). He was duly arraigned and counsel assigned. On June 4,1970 the court, in the presence of the defendant and counsel, directed an investigation to determine appellant’s eligibility for treatment as a youthful offender, and on June 19, 1970 the court determined appellant was eligible for such treatment following the necessary consent by appellant and his counsel. A plea of not guilty was then entered and the matter adjourned for trial. On the return date appellant failed to appear, nor did he appear on a subsequent trial date. On February 4, 1971 the court on its own motion revoked and rescinded appellant’s eligibility for youthful offender treatment, directed that the indictment be unsealed and appellant be treated as an adult. An order was entered to this effect and, on March 18, 1971, a further order was entered revoking bail and issuing a bench warrant.
