Opinion
7036 Ind. 3049/12
07-03-2018
Seymour W. James, Jr., The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Beth R. Kublin of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Beth R. Kublin of counsel), for respondent.
Sweeny, J.P., Webber, Kern, Oing, JJ.
Judgment, Supreme Court, Bronx County (Alberto Lorenzo, J. at plea; John S. Moore, J. at sentencing), rendered April 29, 2015, convicting defendant of assault in the second degree, and sentencing him to a term of two years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for a youthful offender determination, and otherwise affirmed.
As the People concede, defendant is entitled to an express youthful offender determination pursuant to pursuant to People v. Rudolph, 21 N.Y.3d 497, 974 N.Y.S.2d 885, 997 N.E.2d 457 (2013).