Majority
p. 572The People of the State of New York, Respondent, v Ben Sidibe, Appellant. [5 NYS3d 864]—
Judgment, Supreme Court, New York County (Daniel P. Conviser, J.), rendered January 10, 2012, convicting defendant, upon his pleas of guilty, of attempted gang assault in the first degree and assault in the second degree, and sentencing him to an aggregate term of six years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing.
As the People concede, defendant is entitled to resentencing pursuant to People v Rudolph ( 21 NY3d 497 [2013]) for a youthful offender determination.
Concur — Tom, J.P., Friedman, Renwick, Moskowitz and DeGrasse, JJ.
Cases cited
- People v. Rudolph 21 NY3d 497 p. 572