Opinion
03-24-2017
The PEOPLE of the State of New York, Respondent, v. Tajeron WILLIAMS, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (Linda M. Campbell of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for Respondent.
Timothy P. Donaher, Public Defender, Rochester (Linda M. Campbell of Counsel), for Defendant–Appellant.
Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for Respondent.
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, NEMOYER, AND SCUDDER, JJ.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the first degree (Penal Law § 160.15[4] ), and imposing sentence. We agree with defendant that County Court erred in failing to determine whether he should be afforded youthful offender status (see People v. Rudolph, 21 N.Y.3d 497, 501, 974 N.Y.S.2d 885, 997 N.E.2d 457 ). Defendant was convicted of an armed felony offense, and the court therefore was required "to determine on the record whether the defendant is an eligible youth by considering the presence or absence of the factors set forth in CPL 720.10(3)... [and] make such a determination on the record" (People v. Middlebrooks, 25 N.Y.3d 516, 527, 14 N.Y.S.3d 296, 35 N.E.3d 464 ). If "the court determines that one or more of the CPL 720.10(3) factors are present, and the defendant is therefore an eligible youth, the court then ‘must determine whether ... the eligible youth is a youthful offender’ " (id. at 528, 14 N.Y.S.3d 296, 35 N.E.3d 464 ). Because the court failed to do so here, we hold the case, reserve decision, and remit the matter to County Court to make and state for the record "a determination of whether defendant is a youthful offender" (Rudolph, 21 N.Y.3d at 503, 974 N.Y.S.2d 885, 997 N.E.2d 457 ).
It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Monroe County Court for further proceedings.