Opinion
2021-04204 Ind 3403/10 3403/10
07-06-2021
The People of the State of New York, Respondent, v. Denzel Catlett, Defendant-Appellant. Appeal No. 14164 No. 2019-1024
Janet E. Sabel, The Legal Aid Society, New York (Simon Greenberg of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Kerry Fulham of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Simon Greenberg of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Kerry Fulham of counsel), for respondent.
Before: Acosta, P.J., Kapnick, Moulton, Scarpulla, JJ.
Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered January 31, 2012, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 18 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing, and otherwise affirmed.
A remand for resentencing is required, because the court did not make the requisite explicit youthful offender determination on the record at the sentencing (see People v Rudolph, 21 N.Y.3d 497 [2013]; People v Smith, 113 A.D.3d 453, 454 [1st Dept 2014]). The People's arguments to the contrary, and their request for dismissal of the appeal, are unavailing.
Because we are ordering a new sentencing proceeding, we find it unnecessary to address the remaining arguments.