Opinion
14457-14457A Ind. No. 5124/16 1630/17 Case No. 2019-2525, 2019-2533
10-21-2021
The PEOPLE of the State of New York, Respondent, v. Taivon JOHNSON, Defendant–Appellant.
Caprice R. Jenerson, Office of the Appellate Defender, New York (Tabitha P. Cohen of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.
Caprice R. Jenerson, Office of the Appellate Defender, New York (Tabitha P. Cohen of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.
Renwick, J.P., Kapnick, Scarpulla, Rodriguez, Higgitt, JJ.
Judgments, Supreme Court, New York County (Ellen N. Biben, J.), rendered January 29, 2019, convicting defendant, upon his pleas of guilty, of conspiracy in the second degree and two counts of assault in the first degree, and sentencing him to an aggregate term of 11 years, unanimously modified, on the law, to the extent of vacating the sentences and remanding for resentencing, including a youthful offender determination, and otherwise affirmed.
As the People concede, defendant is entitled to be resentenced with an express youthful offender determination (see People v. Rudolph, 21 N.Y.3d 497, 974 N.Y.S.2d 885, 997 N.E.2d 457 [2013] ). Defendant's remaining arguments either are rendered academic by this disposition or are unavailing.