People v. Punter

135 A.D.3d 409, 21 N.Y.S.3d 876

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 5, 2016
• Docket: 3351/09 16522A 3596/10 16522
• Status: Published

Opinion

Judgments, Supreme Court, Bronx County (Ann M. Donnelly, J.), rendered September 20, 2012, convicting defendant, upon his pleas of guilty, of robbery in the first degree and assault in the second degree, adjudicating him a youthful offender on the robbery conviction and sentencing him to a term of 1 to 3 years, and sentencing him to a consecutive term of two years on the assault conviction, unanimously modified, on the law, to the extent of vacating the sentence on the assault conviction and remanding for a youthful offender determination on that conviction, and otherwise affirmed.

Defendant is entitled to a youthful offender determination pursuant to People v Rudolph (21 NY3d 497 [2013]) on his assault conviction. Although the court stated that defendant would receive youthful offender treatment on the robbery charge, to which he pleaded guilty on the same day, it did not specify with regard to the assault count whether it had “actually consider [ed] youthful offender treatment or whether it had improperly ruled it out on the ground that it had been waived as part of defendant’s negotiated plea” (People v Eley, 127 AD3d 583, 584 [1st Dept 2015] [internal quotation marks omitted]). Concur — Friedman, J.P., Sweeny, Saxe and Kapnick, JJ.