Opinion
725 KA 18-02443
07-17-2020
The PEOPLE of the State of New York, Respondent, v. Courtney A. WILLIAMS, Defendant-Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALLYSON L. KEHL-WIERZBOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT. CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALLYSON L. KEHL-WIERZBOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.
CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CARNI, CURRAN, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Niagara County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted assault in the first degree ( Penal Law §§ 110.00, 120.10 [1] ). We agree with defendant that County Court erred in failing to determine whether he should be afforded youthful offender status. Pursuant to CPL 720.10 (2) (a) (ii) and (3), because defendant was convicted of an armed felony offense (see CPL 1.20 [41] ), he is ineligible for a youthful offender adjudication unless the court determines that one of two mitigating factors is present. "If the court, in its discretion, determines that neither of the CPL 720.10 (3) factors is present and states the reasons for that determination on the record, then no further determination is required" ( People v. Gonzalez , 171 A.D.3d 1502, 1503, 99 N.Y.S.3d 546 [4th Dept. 2019] ; see People v. Middlebrooks , 25 N.Y.3d 516, 527, 14 N.Y.S.3d 296, 35 N.E.3d 464 [2015] ). "If, on the other hand, the court determines that one or more of those factors are present, and therefore defendant is an eligible youth, the court then must determine whether he is a youthful offender" ( Gonzalez , 171 A.D.3d at 1503, 99 N.Y.S.3d 546 ). As the People correctly concede, the court failed to follow the procedure set forth in Middlebrooks . We therefore hold the case, reserve decision, and remit the matter to County Court to make and state for the record a determination whether defendant is an eligible youth within the meaning of CPL 720.10 (3) and, if so, whether defendant should be afforded youthful offender status (see People v. Little , 126 A.D.3d 1478, 1479, 6 N.Y.S.3d 845 [4th Dept. 2015] ).