Opinion
04-18-2017
Seymour W. James, Jr., The Legal Aid Society, New York (Lorraine Maddalo of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Lorraine Maddalo of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.
Judgments, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered October 2, 2012, convicting defendant, upon his pleas of guilty, of two counts of criminal possession of a weapon in the second degree, and sentencing him to an aggregate term of seven years, unanimously modified, on the law, to the extent of vacating the sentence and remanding the matter for 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).
SWEENY, J.P., RICHTER, ANDRIAS, WEBBER, GESMER, JJ., concur.