Summary
This Appellate Division, First Department decision reviews a criminal conviction and sentence imposed by the Supreme Court, New York County. The court modified the judgment on the law by vacating the sentence and remanding for resentencing after determining that the defendant was eligible for youthful offender treatment without a presumption of ineligibility. The court declined to address other issues raised by the defendant, noting they may be resolved during the resentencing proceeding.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in failing to determine youthful offender status for the defendant.
Holdings
- The appellate court remands the matter to the trial court for a youthful offender determination and resentencing.
Key quotations
“As the People concede, defendant was eligible for youthful offender treatment without any presumption of ineligibility due to the nature of his crimes (see People v. Boria, 124 AD3d 467, 468 [1st Dept 2015]). Therefore, we remand this matter to the trial court for a youthful offender determination.” (at *1)
Factual background
Defendant pleaded guilty to attempted criminal possession of a weapon in the second degree and assault in the second degree and was sentenced to three concurrent years. He was potentially eligible for youthful offender treatment.
Procedural history
The trial court sentenced the defendant to three concurrent years. The People appealed, seeking affirmation of the sentence. The Appellate Division considered whether the defendant was eligible for youthful offender treatment and remanded for resentencing.
Remand instructions
Remand to the trial court for a youthful offender determination and resentencing.