Opinion
14602 Ind. No. 1121/15, 1451/15, 2606/16 Case No. 2018-3142
11-09-2021
The PEOPLE of the State of New York, Respondent, v. Tyquan COMMISSO, Defendant–Appellant.
Caprice R. Jenerson, Office of The Appellate Defender, New York (Stephen R. Strother of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (John T. Hughes of counsel), for respondent.
Caprice R. Jenerson, Office of The Appellate Defender, New York (Stephen R. Strother of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (John T. Hughes of counsel), for respondent.
Renwick, J.P., Singh, Kennedy, Rodriguez, Pitt, JJ.
Judgment, Supreme Court, New York County (Ellen N. Biben, J.), rendered March 15, 2017, as amended March 28, 2017, convicting defendant, upon his plea of guilty, of robbery in the first degree (two counts), conspiracy in the second degree and criminal possession of a weapon in the second degree, and sentencing him, to an aggregate term of 10 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing, including 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 with an express youthful offender determination.