Opinion
05-25-2017
The PEOPLE of the State of New York, Respondent, v. Rafy DUMA, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey Wojcik of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey Wojcik of counsel), for respondent.
Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered December 22, 2014, convicting defendant, upon his plea of guilty, of robbery in the first degree and burglary in the first degree, and sentencing him to concurrent terms 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 N.Y.3d 516, 14 N.Y.S.3d 296, 35 N.E.3d 464 (2015) and People v. Rudolph, 21 N.Y.3d 497, 974 N.Y.S.2d 885, 997 N.E.2d 457 (2013), defendant is entitled to an express youthful offender determination.
TOM, J.P., SWEENY, RICHTER, KAPNICK, WEBBER, JJ., concur.