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DEFENDANT, ALTHOUGH CONVICTED OF AN ARMED FELONY, SHOULD HAVE BEEN ACCORDED YOUTHFUL OFFENDER STATUS, CRITERIA EXPLAINED (SECOND DEPT).

The Second Department, reversing County Court, determined defendant should have been accorded youthful offender status, despite the armed felony conviction:

As the defendant was convicted of an armed felony (see CPL 1.20[41]), he was eligible to have this conviction replaced with a youthful offender adjudication only if, inter alia, there were “mitigating circumstances that [bore] directly upon the manner in which the crime was committed” (CPL 720.10[3][i]). Mitigating circumstances include “[f]actors directly’ flowing from and relating to [the] defendant’s personal conduct while committing the crime,” but generally, do not include the “defendant’s age, background, criminal history and drug habit” … . Here, while there is no question that the defendant stands convicted of a serious crime, no physical harm or injury resulted to the complainant from the incident … , and the defendant was an “eligible youth” under CPL 720.10(2) for purposes of youthful offender treatment.

Moreover, in the exercise of our discretion, we determine that the defendant should be granted youthful offender treatment … . In making such a determination, factors to be considered by the court include “the gravity of the crime and manner in which it was committed, mitigating circumstances, defendant’s prior criminal record, prior acts of violence, recommendations in the presentence reports, defendant’s reputation, the level of cooperation with authorities, defendant’s attitude toward society and respect for the law, and the prospects for rehabilitation and hope for a future constructive life” … . Here, the evidence demonstrated that the defendant was only 16 years old when he participated in the subject robbery, using a BB gun. The defendant has no prior criminal record or violent history. He has strong family support. The presentence report recommended that the defendant be adjudicated a youthful offender and be sentenced to a term of probation supervision. Indeed, the recommendation in the presentence report was that “the defendant be given another chance to change his behavior and do better for himself and not let this one bad choice as a 16 year old determine the path for his adult life.” Moreover, the presentence report indicated that the defendant expressed genuine remorse and a sincere desire to make better choices in the future. Under all these circumstances, the interest of justice would be served by “relieving the defendant from the onus of a criminal record” … . People v Carlos M.-A., 2020 NY Slip Op 01083, Second Dept 2-13-20

 

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