People v. Rainey

131 A.D.3d 892, 16 N.Y.S.3d 730

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.