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Cimino v. Sticht

Habeas Relief Denied for Lack of Youthful Offender Treatment on Assault Charge

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DECISION AND ORDERINTRODUCTION

*1 Pro se Petitioner Michael A. Cimino filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254, alleging that he is being detained in violation of his constitutional rights. Petitioner is incarcerated due to separate judgments entered on or about January 14, 2014, in New York State Supreme Court, Monroe County (Affronti, J.), upon his global plea of guilty to two separate accusatory instruments that were consolidated for purposes of judicial economy but not for trial. Pursuant to the plea agreement, Petitioner received youthful offender treatment on a charge of Robbery in the Third Degree (N.Y. Penal Law (“P.L.”) §160.05), and received an indeterminate sentence of one and one-third to four years imprisonment. On a separate charge of Assault in the Second Degree (P.L. §120.05(4)), Petitioner did not receive youthful offender treatment and received a concurrent determinate sentence of four years imprisonment and three years post-release supervision. Petitioner challenges, primarily, being accorded youthful offender treatment on the Robbery charge but not the Assault charge.*2

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