Opinion
13813 Ind. No. 899/18 Case No. 2019-1850
05-11-2021
The PEOPLE of the State of New York, Respondent, v. Antonio LUGO, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Anjali Pathmanathan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Amanda Katherine Regan of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Anjali Pathmanathan of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Amanda Katherine Regan of counsel), for respondent.
Gische, J.P., Kapnick, Oing, Singh, JJ.
Judgment, Supreme Court, New York County (Ellen N. Biben, J.), rendered October 23, 2018, convicting defendant, upon his plea of guilty, of incest in the first degree and criminal sexual act in the first degree, and sentencing him to concurrent terms of seven 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, 974 N.Y.S.2d 885, 997 N.E.2d 457 (2013). Because we are ordering a resentencing, we decline to reach any other issues, including defendant's request for waiver of surcharges and fees pursuant to CPL 420.35(2–a). These issues should be addressed at the resentencing proceeding.