In recent coverage of the Antwan Odom trial, The Batavian has reported that in May, Odom was offered a "no jail time" plea deal.
"No jail time" was not explicitly part of a plea offer, though that would have been an option for Judge Charles Zambito if he adjudicated Odom as a youthful offender.
We also misunderstood from our coverage at that time the fact that a finding of youthful offender status is still available to Zambito even if Odom is convicted by a jury. Upon a finding of youthful offender status, Zambito has the full range of sentencing options available.
We've reported that a conviction on the count of assault in the first degree has a mandatory minimum status of five years in prison. This is true; however, if Zambito grants Odom youthful offender status, he can determine no jail time is appropriate but if he decides some prison time is appropriate, he can sentence Odom as if the conviction were for a Class E felony. The maximum possible sentence for a Class E felony is one and a third to four years.
The Batavian regrets the error.
