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People v. Lofton

Court of Appeals of New York
Jun 22, 2017
2017 N.Y. Slip Op. 5119 (N.Y. 2017)

Opinion

No. 80

06-22-2017

The People & c., Respondent, v. David Lofton, Appellant.

Brian Shiffrin, for appellant. Scott Myles, for respondent.


Brian Shiffrin, for appellant.

Scott Myles, for respondent.

MEMORANDUM:

The order of the Appellate Division, insofar as appealed from, should be reversed and the case remitted to Supreme Court for consideration of defendant's eligibility for a youthful offender adjudication.

We agree with defendant's contention that the trial court failed to make an on-the-record determination as to whether defendant was eligible for a youthful offender adjudication by first "considering the presence or absence of the factors set forth in CPL 720.10 (3)" (People v Middlebrooks, 25 NY3d 516, 525 [2015]).

Defendant's remaining contention, that certain remarks made by the prosecutor in summation constituted improper burden-shifting, is without merit. Viewed in conjunction with the entire summation and the trial court's corrective action, the challenged remarks did not deprive defendant of a fair trial (see People v Romero, 7 NY3d 911, 913 [2006]).

* * * * * * * * * * * * * * * * *

Order, insofar as appealed from, reversed and case remitted to Supreme Court, Monroe County, for further proceedings in accordance with the memorandum herein. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur. Judge Feinman took no part.

Decided June 22, 2017


Summaries of

People v. Lofton

Court of Appeals of New York
Jun 22, 2017
2017 N.Y. Slip Op. 5119 (N.Y. 2017)
Case details for

People v. Lofton

Case Details

Full title:The People & c., Respondent, v. David Lofton, Appellant.

Court:Court of Appeals of New York

Date published: Jun 22, 2017

Citations

2017 N.Y. Slip Op. 5119 (N.Y. 2017)