Opinion
11543 Ind. 362N/13 4232N/13
05-21-2020
The PEOPLE of the State of New York, Respondent, v. Amir SHABAZZ, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Rachel Bond of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Rachel Bond of counsel), for respondent.
Acosta, P.J., Renwick, Webber, Gesmer, JJ.
Judgment, Supreme Court, New York County (Melissa C. Jackson, J. at first plea; Michael J. Obus, J., at second plea and sentencing), convicting defendant of attempted assault in the first degree (two counts), criminal possession of a weapon in the second degree (two counts) and criminal possession of a controlled substance in the third degree, and sentencing him to an aggregate term of five 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. Rudolph, 21 N.Y.3d 497, 974 N.Y.S.2d 885, 997 N.E.2d 457 (2013), defendant is entitled to resentencing for an express youthful offender determination.