Opinion
257 KA 19-01307
04-28-2023
The PEOPLE of the State of New York, Respondent, v. Samar K. BARRON, Defendant-Appellant.
ERIK TEIFKE, ACTING PUBLIC DEFENDER, ROCHESTER (SHIRLEY A. GORMAN OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
ERIK TEIFKE, ACTING PUBLIC DEFENDER, ROCHESTER (SHIRLEY A. GORMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, AND LINDLEY, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Monroe County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of manslaughter in the first degree ( Penal Law § 125.20 [1] ). We previously held the case, reserved decision, and remitted the matter to County Court to make and state for the record a determination whether defendant should be afforded youthful offender status ( People v. Barron , 206 A.D.3d 1687, 1687, 167 N.Y.S.3d 900 [4th Dept. 2022] ). Upon remittal, the court, on the record, declined to adjudicate defendant a youthful offender. On resubmission, defendant contends that he was denied effective assistance of counsel at the remittal proceeding. We agree, inasmuch as defense counsel was not "sufficiently familiar with the case and defendant's background to provide meaningful representation" ( People v. Saladeen , 12 A.D.3d 1179, 1180, 785 N.Y.S.2d 250 [4th Dept. 2004], lv denied 4 N.Y.3d 767, 792 N.Y.S.2d 11, 825 N.E.2d 143 [2005] ; see People v. Burgun , 256 A.D.2d 1093, 1094, 683 N.Y.S.2d 361 [4th Dept. 1998] ). We therefore hold the case, reserve decision, and remit the matter to County Court to make and state on the record a new determination whether defendant should be afforded youthful offender status.