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PROPER PROCEDURE FOR DETERMINING YOUTHFUL OFFENDER STATUS NOT FOLLOWED, CASE REMITTED.

The Court of Appeals, reversing the appellate division, held Supreme Court did not follow the proper procedure for making an on-the-record determination of youthful offender eligibility and remitted the matter:

We agree with defendant’s contention that the trial court failed to make an on-the-record determination as to whether defendant was eligible for a youthful offender adjudication by first “considering the presence or absence of the factors set forth in CPL 720.10 (3)” … . People v Lofton, 2017 NY Slip Op 05119, CtApp 6-22-17

CRIMINAL LAW (YOUTHFUL OFFENDER, PROPER PROCEDURE FOR DETERMINING YOUTHFUL OFFENDER STATUS NOT FOLLOWED, CASE REMITTED)/YOUTHFUL OFFENDER (CRIMINAL LAW,  PROPER PROCEDURE FOR DETERMINING YOUTHFUL OFFENDER STATUS NOT FOLLOWED, CASE REMITTED)

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