Summary
This Appellate Division, First Department decision addresses a direct appeal by a defendant convicted of attempted robbery in the second degree. The court modified the trial court's judgment by vacating the three-year sentence and remanding the case for a youthful offender determination, noting that the trial court failed to explicitly consider mitigating circumstances or state its reasoning on the record as required by law. The remainder of the conviction was affirmed.
Topics
Practice areas
Questions Presented
- Whether the appellate court must remand for a youthful offender determination because the lower court failed to make the determination on the record.
Holdings
- The court held that the lower court's failure to make an explicit youthful offender determination on the record requires remand for such a determination.
Key quotations
“As an "eligible youth," defendant is entitled to resentencing pursuant to People v Rudolph ( 21 NY3d 497 [2013]) for a youthful offender determination on his conviction of attempted robbery in the second degree. Although the court adjudicated defendant a youthful offender on another charge, under an indictment that is not part of this appeal, for which he was sentenced in the same proceeding, the court did not state if it had considered whether, under the instant indictment, mitigating circumstances existed to warrant youthful offender treatment or set forth its reasoning on the record (see CPL 720.10[3]). As the People concede, the court's failure to make that determination explicitly on the record requires a remand (see Rudolph, 21 NY3d 497; People v Banister, 158 AD3d 569, 570 [1st Dept 2018]; see also People v J.G., 225 AD3d 64 [2024]).” (at 1)
Factual background
Defendant pleaded guilty to attempted robbery in the second degree and was sentenced to three years. He is an eligible youth entitled to a youthful offender determination under CPL 720.10(3). The lower court vacated the sentence and remanded for that determination but did not explain its reasoning on the record.
Procedural history
The Supreme Court, Bronx County entered judgment on February 19, 2019, convicting the defendant, sentencing him to three years, and later vacating the sentence and remanding for a youthful offender determination. The Appellate Division reviewed the lower court's failure to address the youthful offender issue on the record.
Remand instructions
Remand for a youthful offender determination pursuant to People v. Rudolph.