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COUNTY COURT DID NOT FOLLOW THE PROPER PROCEDURE FOR DETERMINING WHETHER DEFENDANT IS ELIGIBLE FOR YOUTHFUL OFFENDER STATUS; MATTER REMITTED (FOURTH DEPT).

The Fourth Department, remitted the mater for a determination whether defendant is eligible for youthful offender status:

Because defendant was convicted of an armed felony offense … , he is ineligible to receive a youthful offender adjudication unless the court determines that one of two mitigating factors is present … . If the court, in its discretion, determines that neither of the mitigating factors is present and states the reason for its determination on the record, then no further determination on the youthful offender application is required … . If, however, the court determines that one or more of those mitigating factors are present, and that defendant is therefore an eligible youth, it must then determine whether defendant is a youthful offender … .

Here, the court did not follow the procedure set forth in Middlebrooks [25 NY3d 516], inasmuch as it made no on-the-record determination of defendant’s eligibility for a youthful offender adjudication at sentencing … . People v Reed, 2021 NY Slip Op 01590, Fourth Dept 3-19-21

 

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