PEOPLE v. JASWANE (2025)

Judgment, Supreme Court, Bronx County (George Villegas, J.), rendered February 19, 2019, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a term of three years under Indictment No. 387/2018, unanimously modified, on the law, to the extent of vacating the sentence and remanding for a youthful offender determination, and otherwise affirmed.

As an “eligible youth,” defendant is entitled to resentencing pursuant to People v. Rudolph, 21 N.Y.3d 497, 974 N.Y.S.2d 885, 997 N.E.2d 457 (2013) for a youthful offender determination on his conviction of attempted robbery in the second degree.  Although the court adjudicated defendant a youthful offender on another charge, under an indictment that is not part of this appeal, for which he was sentenced in the same proceeding, the court did not state if it had considered whether, under the instant indictment, mitigating circumstances existed to warrant youthful offender treatment or set forth its reasoning on the record (see CPL 720.10[3]).  As the People concede, the court's failure to make that determination explicitly on the record requires a remand (see Rudolph, 21 N.Y.3d 497, 974 N.Y.S.2d 885, 997 N.E.2d 457;  People v. Banister, 158 A.D.3d 569, 570, 68 N.Y.S.3d 878 [1st Dept. 2018], lv denied 31 N.Y.3d 1078, 79 N.Y.S.3d 99, 103 N.E.3d 1246 [2018];  see also People v. J.G., 225 A.D.3d 64 [2024]).