Opinion
03-22-2017
The PEOPLE, etc., respondent, v. Exander ROSADO, appellant.
Lisa H. Blitman, New York, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.
Lisa H. Blitman, New York, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Warhit, J.), rendered March 5, 2013, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.
The Supreme Court was required to determine on the record whether the defendant, whose conviction of burglary in the first degree constituted an armed felony (see CPL 1.20[41] ; Penal Law §§ 70.02[1][a] ; 140.30[4] ), was an "eligible youth" (CPL 720.10[2], [3] ) and, if so, whether he should be afforded youthful offender status (see People v. Middlebrooks, 25 N.Y.3d 516, 519, 14 N.Y.S.3d 296, 35 N.E.3d 464 ; People v. Rudolph, 21 N.Y.3d 497, 501, 974 N.Y.S.2d 885, 997 N.E.2d 457 ; People v. Alston, 145 A.D.3d 737, 41 N.Y.S.3d 716 ). Here, as the People correctly concede, the record does not demonstrate that the court made that determination. Accordingly, the defendant's sentence must be vacated and the matter remitted to the Supreme Court, Westchester County, for resentencing after making this determination.
BALKIN, J.P., MILLER, DUFFY, LaSALLE and BRATHWAITE NELSON, JJ., concur.