Opinion
3351/09 16522A 3596/10 16522
01-05-2016
The PEOPLE of the State of New York, Respondent, v. Oscar PUNTER, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.
Opinion
Judgments, Supreme Court, Bronx County (Ann M. Donnelly, J.), rendered September 20, 2012, convicting defendant, upon his pleas of guilty, of robbery in the first degree and assault in the second degree, adjudicating him a youthful offender on the robbery conviction and sentencing him to a term of one to three years, and sentencing him to a consecutive term of two years on the assault conviction, unanimously modified, on the law, to the extent of vacating the sentence on the assault conviction and remanding for a youthful offender determination on that conviction, and otherwise affirmed.
Defendant is entitled to a 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) on his assault conviction. Although the court stated that defendant would receive youthful offender treatment on the robbery charge, to which he pleaded guilty on the same day, it did not specify with regard to the assault count whether it had “actually consider[ed] youthful offender treatment or whether it had improperly ruled it out on the ground that it had been waived as part of defendant's negotiated plea” (People v. Eley, 127 A.D.3d 583, 5 N.Y.S.3d 437 1st Dept.2015 [internal quotation marks omitted] ).
FRIEDMAN, J.P., SWEENY, SAXE, KAPNICK, JJ., concur.