Opinion
No. 17549 Ind No. 1146/17 Case No. 2019-1892
03-21-2023
The People of the State of New York, Respondent, v. Enrique Foote, Defendant-Appellant.
Justine M. Luongo, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Kalani A. Browne of counsel), for respondent.
Justine M. Luongo, The Legal Aid Society, New York (Robin Richardson of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Kalani A. Browne of counsel), for respondent.
Before: Manzanet-Daniels, J.P., Singh, Kennedy, Shulman, JJ.
Judgment, Supreme Court, Bronx County (April A. Newbauer, J.), rendered November 21, 2018, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him to a term of three years, unanimously modified, on the law, to the extent of vacating the sentence and remanding the matter for resentencing, including a youthful offender determination, and otherwise affirmed.
As the People concede, defendant is entitled to an express youthful offender determination pursuant to People v Rudolph (21 N.Y.3d 497 [2013]). Defendant's request for a waiver of surcharges and fees pursuant to CPL 420.35 (2-a) should be addressed to the resentencing court (see People v Lugo, 194 A.D.3d 495 [1st Dept 2021]).