Opinion
09-29-2016
The PEOPLE of the State of New York, Respondent, v. Jonathan MOORER, Defendant–Appellant.
Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 29, 2014, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 5 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for a youthful offender determination, and otherwise affirmed.
As the People concede, defendant is entitled to an express determination of whether, notwithstanding his conviction of an armed felony offense, he is eligible for youthful offender treatment based on the factors set forth in CPL 720.10(3), and if so, whether such treatment should be granted (see People v. Middlebrooks, 25 N.Y.3d 516, 14 N.Y.S.3d 296, 35 N.E.3d 464 [2015] ; People v. Rudolph, 21 N.Y.3d 497, 974 N.Y.S.2d 885, 997 N.E.2d 457 [2013] ).
MAZZARELLI, J.P., ACOSTA, SAXE, MOSKOWITZ, GESMER, JJ., concur.