Opinion
2015-04-21
The PEOPLE of the State of New York, Respondent, v. Ben SIDIBE, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Leticia M. Olivera of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Andrew E. Seewald of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Leticia M. Olivera of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Andrew E. Seewald of counsel), for respondent.
Judgment, Supreme Court, New York County (Daniel P. Conviser, J.), rendered January 10, 2012, convicting defendant, upon his pleas of guilty, of attempted gang assault in the first degree and assault in the second degree, and sentencing him to an aggregate term of six years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing.
As the People concede, defendant is entitled to resentencing pursuant to People v. Rudolph, 21 N.Y.3d 497, 974 N.Y.S.2d 885, 997 N.E.2d 457 (2013) for a youthful offender determination.