Opinion
5259 3655/12
12-21-2017
The People of the State of New York, Respondent, v. Antoine Todd, Defendant-Appellant.
Tom, J.P., Friedman, Renwick, Kahn, Kern, JJ. Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.
Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered January 23, 2015, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him to a term of nine 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, based on People v Middlebrooks (25 NY3d 516 [2015]) and People v Rudolph (21 NY3d 497 [2013]), defendant is entitled to an explicit youthful offender determination.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: DECEMBER 21, 2017
DEPUTY CLERK