Opinion
2015-03-25
The PEOPLE, etc., respondent, v. Kyrell OJOMO, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel), for respondent.
Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County (Chun, J.), imposed April 15, 2013, upon his conviction of robbery in the first degree, upon his plea of guilty.
ORDERED that the sentence is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.
CPL 720.20(1) requires “that there be a youthful offender determination in every case where the defendant is eligible, even where the defendant fails to request it, or agrees to forego it as part of a plea bargain” (People v. Rudolph, 21 N.Y.3d 497, 501, 974 N.Y.S.2d 885, 997 N.E.2d 457). Here, as the People correctly concede, the record does not demonstrate that the Supreme Court considered whether the defendant should be treated as a youthful offender. Accordingly, the sentence must be reversed, and the matter remitted to the Supreme Court, Kings County, for a determination as to whether the defendant should be treated as a youthful offender ( see People v. Calkins, 119 A.D.3d 975, 989 N.Y.S.2d 183; People v. Ramirez, 115 A.D.3d 992, 983 N.Y.S.2d 57; People v. Smith, 113 A.D.3d 453, 979 N.Y.S.2d 26; People v. Pacheco, 110 A.D.3d 927, 973 N.Y.S.2d 704; People v. Tyler, 110 A.D.3d 745, 972 N.Y.S.2d 632). RIVERA, J.P., LEVENTHAL, HINDS–RADIX and BARROS, JJ., concur.