Summary
The Appellate Division, First Department modified the defendant's sentence and remanded for resentencing because the trial court failed to determine youthful offender status on the record. The court affirmed the underlying convictions and rejected the defendant's speedy trial motion, holding that a 56-day delay was excludable since the defendant was detained by ICE without the prosecution's knowledge. Additional claims regarding the denial of substitute counsel and coercive judicial comments were also rejected.
Topics
Practice areas
Questions Presented
- Whether the 56‑day ICE detention period is excludable from the speedy‑trial calculation.
- Whether the trial court erred by failing to determine youthful offender status.
Holdings
- The period is excludable because the People are not required to exercise due diligence to secure the defendant’s presence when they do not know where he is.
- The trial court erred; the sentence is vacated and the matter remanded for resentencing with determination of youthful offender status.
Key quotations
“The 56‑day period from October 24 to December 19, 2018 was excludable because defendant, unbeknownst to the People, was detained by Immigration and Customs Enforcement (ICE) (CPL 30.30[4][c][i]).”
“We vacate the sentence and remand the matter for resentencing because the court failed to determine defendant's youthful offender status on the record.”
Factual background
Defendant D.B. was convicted of promoting prostitution in the fourth degree and two counts of criminal obstruction of breathing or blood circulation. He was detained by ICE from October 24 to December 19, 2018, a period the People argued should count toward the speedy‑trial clock. The trial court failed to determine his youthful offender status at sentencing.
Procedural history
The trial court sentenced the defendant to concurrent and consecutive terms. The People appealed, arguing the 56‑day ICE detention period should count toward the speedy‑trial clock and that youthful offender status was not considered. The Appellate Division vacated the sentence and remanded for resentencing.
Remand instructions
Resentence the defendant and determine youthful offender status on the record.