Determination Whether Defendant Is a Youthful Offender Is Mandatory for Every Eligible Youth

Over a dissent, the Fourth Department determined the sentencing court did not make a finding whether the defendant was a youthful offender, as it was required to do.  The matter was sent back for the determination:

“Upon conviction of an eligible youth, the court must order a [presentence] investigation of the defendant.  After receipt of a written report of the investigation and at the time of pronouncing sentence the court must determine whether or not the eligible youth is a youthful offender” (CPL 720.20 [1]).  The Court of Appeals has concluded that, by the use of the word “must,” the legislature has made “a policy choice that there be a youthful offender determination in every case where the defendant is eligible, even where the defendant fails to request it, or agrees to forgo it as part of a plea bargain” … .  “[W]e cannot deem the court’s failure to rule on the . . . [issue] as a denial thereof” … .  We therefore 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” … . People v Koons, 1077, 4th Dept 1-3-14