Summary
This Appellate Division decision affirms the defendant's conviction for attempted robbery in the first degree following a guilty plea. The court upheld the trial court's discretionary denial of youthful offender status based on the violent nature of the offense, which involved stabbing a victim before stealing valuables. Additionally, the court declined to waive mandatory sentencing surcharges and fees, finding that the record did not demonstrate eligibility for waiver under the relevant statute despite the defendant being under twenty-one at the time of the offense.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in declining to grant youthful offender status under CPL 720.20[1].
- Whether the court should waive the mandatory surcharge and fees under CPL 420.35(2‑a] given the defendant’s age.
Holdings
- The appellate court affirmed that the trial court did not improvidently exercise its discretion in declining youthful offender status.
- The appellate court declined to waive the surcharge and fees because the statutory enumerated grounds for waiver were not satisfied.
Key quotations
“Upon conviction of an eligible youth, the court must order a pre‑sentence investigation of the defendant. After receipt of a written report of the investigation and at the time of pronouncing sentence the court must determine whether or not the eligible youth is a youthful offender” (beginning)
“'In making such a determination, factors to be considered by the court include the gravity of the crime and manner in which it was committed, mitigating circumstances, defendant's prior criminal record, prior acts of violence, recommendations in the presentence reports, defendant's reputation, the level of cooperation with authorities, defendant's attitude toward society and respect for the law, and the prospects for rehabilitation and hope for a future constructive life'” (beginning)
Factual background
Carlos Forero, a 17‑year‑old, was convicted of attempted robbery in the first degree after stabbing a victim on the street and stealing money and valuables. He had no prior criminal record. At sentencing the court declined to grant youthful offender status and imposed the statutory surcharge and fees.
Procedural history
The Supreme Court, Queens County sentenced the defendant after a guilty plea; the Appellate Division reviewed the sentencing determinations.