Summary
This Appellate Division decision addresses a defendant's appeal from a first-degree manslaughter conviction following a guilty plea. Although the defendant waived his right to appeal, the court found that his claim regarding the trial court's failure to consider youthful offender status was not barred by the waiver. The court held that the County Court erred in denying youthful offender eligibility and vacated the sentence, remitting the matter for resentencing after a proper determination under the Criminal Procedure Law.
Topics
Practice areas
Questions Presented
- Whether the defendant's waiver of his right to appeal was valid.
- Whether the County Court erred in failing to consider youthful offender status under CPL 720.20.
Holdings
- The defendant's waiver of his right to appeal was valid.
- The County Court erred; the sentence is vacated and the matter remanded for determination of youthful offender status.
Key quotations
“The first step in making a youthful offender determination requires determining whether the defendant is an "eligible youth" (CPL 720.10[2]). The second step in making a youthful offender determination requires determining whether "the interest of justice would be served by relieving the eligible youth from the onus of a criminal record and by not imposing an indeterminate term of imprisonment of more than four years" (CPL 720.20[1][a]).”
Factual background
Tommy Rivera was 16 years old at the time of the offense, pleaded guilty to first‑degree manslaughter, and had no prior criminal convictions. He was sentenced to an indeterminate term of imprisonment.
Procedural history
The County Court, Westchester County sentenced Rivera after a guilty plea to manslaughter in the first degree. Rivera appealed, asserting that the court failed to consider youthful offender status and that his waiver of appeal rights was invalid.
Remand instructions
Remitted to the County Court, Westchester County for further proceedings consistent herewith, including a determination as to whether the defendant should be afforded youthful offender status.