Opinion
06-22-2017
The PEOPLE of the State of New York, Respondent, v. David LOFTON, Appellant.
Timothy P. Donaher, Public Defender, Rochester (Brian Shiffrin of counsel), for appellant. Sandra Doorley, District Attorney, Rochester (Scott Myles of counsel), for respondent.
Timothy P. Donaher, Public Defender, Rochester (Brian Shiffrin of counsel), for appellant.
Sandra Doorley, District Attorney, Rochester (Scott Myles of counsel), for respondent.
OPINION OF THE COURT
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 N.Y.3d 516, 527, 14 N.Y.S.3d 296, 35 N.E.3d 464 [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 N.Y.3d 911, 913, 828 N.Y.S.2d 274, 861 N.E.2d 89 [2006] ).
Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and WILSON concur; Judge FEINMAN taking no part.
Order, insofar as appealed from, reversed and case remitted to Supreme Court, Monroe County, for further proceedings in accordance with the memorandum herein.