People v. Yankanah

Summary

The Appellate Division, Second Department, modified the defendant's judgment by vacating his sentence and remitting the matter for a youthful offender determination and resentencing. The court held that Criminal Procedure Law § 720.20(1) requires an explicit youthful offender determination for an eligible youth, and directed the trial court to reconsider mandatory surcharges and fees after that determination.

Holdings

1. Criminal Procedure Law § 720.20(1) requires the court to make a youthful offender determination in every case where the defendant is eligible, including when the defendant does not request youthful offender treatment or agrees to forgo it as part of a plea bargain.
2. When a defendant is an eligible youth, the court must explicitly determine on the record whether to afford youthful offender treatment.
3. Upon determination of the defendant's youthful offender status and resentencing, the Supreme Court must reconsider the imposition of mandatory surcharges and fees.

Questions Presented

1. Whether the sentence must be vacated and the matter remitted where the defendant was eligible for youthful offender treatment but the record did not show that the court made a youthful offender determination.
2. Whether mandatory surcharges and fees must be reconsidered upon youthful offender determination and resentencing.

Disposition

reversed_and_remanded