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ALTHOUGH DEFENDANT WAS CONVICTED OF AN ARMED FELONY, THE JUDGE SHOULD HAVE CONSIDERED WHETHER DEFENDANT IS ELIGIBLE FOR YOUTHFUL OFFENDER TREATMENT (CT APP).

The Court of Appeals, reversing the Appellate Division, determined the judge should have determined whether defendant, who had been convicted of an armed felony, was eligible for youthful offender treatment:

“[W]hen a defendant has been convicted of an armed felony . . . and the only barrier to his or her youthful offender eligibility is that conviction, the court is 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)” … . Here, the People concede that the sentencing court failed to make any appropriate on-the-record determination. We accept the People’s concession and, accordingly, the case should be remitted for consideration of youthful offender treatment. People v Hargrove, 2021 NY Slip Op 06427, Ct App 11-18-21

 

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THE CONSENT OF BOTH PARTIES IS NOT REQUIRED FOR THE DISPLAY OF STATUTORY TEXT... DEFENSE COUNSEL WAS NOT INEFFECTIVE FOR FAILING TO CHALLENGE THE VERDICT AS...