Opinion
2017–03797 Ind. No. 5937/05
02-13-2019
The PEOPLE, etc., Respondent, v. Terrence LESSANE, Appellant.
Mintz & Oppenheim, LLP, New York, N.Y. (Marshall A. Mintz of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel; Marielle Burnett on the brief), for respondent.
Mintz & Oppenheim, LLP, New York, N.Y. (Marshall A. Mintz of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel; Marielle Burnett on the brief), for respondent.
JOHN M. LEVENTHAL, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERAppeal by the defendant from a judgment of the Supreme Court, Kings County (Neil Jon Firetog, J.), rendered March 13, 2017, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.
The Supreme Court was required to determine on the record whether the defendant was an "eligible youth" ( CPL 720.10[2] ; see CPL 720.10[3] ) and, if so, whether he should be afforded youthful offender status (see People v. Middlebrooks, 25 N.Y.3d 516, 519, 14 N.Y.S.3d 296, 35 N.E.3d 464 ; People v. Rudolph, 21 N.Y.3d 497, 501, 974 N.Y.S.2d 885, 997 N.E.2d 457 ; People v. Rosado, 148 A.D.3d 1058, 48 N.Y.S.3d 625 ; People v. Alston, 145 A.D.3d 737, 41 N.Y.S.3d 716 ). As the People correctly concede, the record does not demonstrate that the court made that determination. Accordingly, the defendant's sentence must be vacated and the matter remitted to the Supreme Court, Kings County, for resentencing after making this determination.
LEVENTHAL, J.P., MILLER, DUFFY and BRATHWAITE NELSON, JJ., concur.