People v. Thompson

Summary

The Appellate Division, Second Department, modified the defendant's judgment by vacating his sentence and remitting the matter for a youthful offender determination. The court held that the defendant was an eligible youth under CPL 720.10 because he was 16 to 18 years old at the time of the offenses and had no prior criminal convictions, and that his convictions were not armed felony offenses requiring mitigating circumstances. The court affirmed the judgment as modified and expressed no opinion on whether youthful offender treatment should be granted.

Holdings

1. Criminal Procedure Law § 720.20(1) requires the court to make a youthful offender determination in every case in which the defendant is eligible, even if the defendant does not request youthful offender treatment or agrees to waive it as part of a plea bargain.
2. The defendant was an eligible youth because he was between 16 and 18 years old at the time of the offenses and had no prior criminal convictions; the armed-felony limitation in CPL 720.10(3) did not apply because first-degree manslaughter and second-degree conspiracy are not armed felony offenses.
3. The sentence must be vacated and the matter remitted for resentencing after the Supreme Court determines whether the defendant should be afforded youthful offender treatment.

Questions Presented

1. Whether the defendant was an eligible youth for purposes of youthful offender treatment under CPL 720.10.
2. Whether the Supreme Court was required to determine on the record whether the defendant should receive youthful offender treatment.
3. Whether the defendant's sentence had to be vacated and the matter remitted for a youthful offender determination.

Disposition

reversed_and_remanded