PEOPLE v. R.B., Defendant-Appellant. (2024)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. R.B., Defendant-Appellant.

2186

Decided: May 02, 2024

Webber, J.P., Oing, Rodriguez, Higgitt, Michael, JJ.

Twyla Carter, The Legal Aid Society, New York (David Billingsley of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Conor E. Byrnes of counsel), for respondent.

Judgment, Supreme Court, New York County (James M. Burke, J.), rendered April 20, 2016, convicting defendant, upon his plea of guilty, of manslaughter in the first degree and robbery in the first degree, and sentencing him to an aggregate term of 171/212 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing, including a youthful offender determination, and otherwise affirmed.

As the People concede, defendant is entitled to be resentenced with an express youthful offender determination (see People v. Middlebrooks, 25 N.Y.3d 516, 14 N.Y.S.3d 296, 35 N.E.3d 464 [2015]; People v. Rudolph, 21 N.Y.3d 497, 974 N.Y.S.2d 885, 997 N.E.2d 457 [2013]). Defendant's remaining arguments are rendered academic by this disposition.

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