Majority
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Foley, J.), imposed May 28, 2013, upon his plea of guilty, on the ground that the sentence is excessive.
Ordered that the sentence is reversed, on the law, and the matter is remitted to the Supreme Court, Kangs County, for further proceedings consistent herewith.
Criminal Procedure Law § 720.20 (1) requires “that there be a youthful offender determination in every case where the defendant is eligible, even where the defendant fails to request it, or agrees to forgo it as part of a plea bargain” (People v Rudolph, 21 NY3d 497 , 501 [2013]; see People v Youmans, 140 AD3d 1097 , 1097 [2016]). Here, as the People correctly concede, the record does not demonstrate that the Supreme Court considered whether the defendant should be afforded youthful offender status. Under these circumstances, the defendant’s sentence must be reversed and the matter remitted to the Supreme Court, Kings County, for resentencing after a determination as
Eng, P.J., Austin, Roman, Maltese and Duffy, JJ., concur.
Cases cited
- People v. Rudolph 21 NY3d 497 at 501 p. 783
- People v. Youmans 140 AD3d 1097 at 1097 p. 783
- People v. Spitzer 130 AD3d 657 at 658 p. 784
- People v. Ramirez 115 AD3d 992 at 993 p. 784
- People v. Mead 134 AD3d 960 at 961 p. 784
- People v. Calkins 119 AD3d 975 at 976 p. 784