People v. Rainey

131 A.D.3d 892, 16 N.Y.S.3d 730
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 29, 2015
Docket15726 6053/10
StatusPublished

This text of 131 A.D.3d 892 (People v. Rainey) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Rainey, 131 A.D.3d 892, 16 N.Y.S.3d 730 (N.Y. Ct. App. 2015).

Opinion

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered July 19, 2011, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him to a term of 3V2 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing, and otherwise affirmed.

As the People concede, defendant is entitled to resentencing for an express consideration of a youthful offender determination (see People v Middlebrooks, 25 NY3d 516 [2015]; People v Rudolph, 21 NY3d 497 [2013]).

Concur — Mazzarelli, J.P., Sweeny, Renwick and Manzanet-Daniels, JJ.

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Related

The People v. William Middlebrooks / The People v. Fabrice Lowe
35 N.E.3d 464 (New York Court of Appeals, 2015)
People v. Rudolph
997 N.E.2d 457 (New York Court of Appeals, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
131 A.D.3d 892, 16 N.Y.S.3d 730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rainey-nyappdiv-2015.