People v. Todd

2017 NY Slip Op 8889, 156 A.D.3d 542, 65 N.Y.S.3d 688

Opinion

Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered January 23, 2015, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him to a term of nine 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, based on People v Middlebrooks (25 NY3d 516 [2015]) and People v Rudolph (21 NY3d 497 [2013]), defendant is entitled to an explicit youthful offender determination.

Concur—Tom, J.P., Friedman, Renwick, Kahn and Kern, JJ.