PEOPLE v. J. P., Defendant-Appellant. (2026)

Judgment, Supreme Court, New York County (Kathryn S. Paek, J.), rendered September 18, 2023, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 19 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for a youthful offender determination, and otherwise affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S. Ct. 2634, 206 L.Ed.2d 512 [2020]), which forecloses appellate review of his suppression claims (see People v. Lewis, 49 A.D.3d 474, 474, 854 N.Y.S.2d 383 [1st Dept. 2008], lv denied 10 N.Y.3d 932, 862 N.Y.S.2d 339, 892 N.E.2d 405 [2008]).  As an alternative holding, we find that the court properly denied the suppression motion.  Under all the circumstances, defendant's detention in a cell for approximately three hours at the precinct after presenting himself there and telling police that he was “on the video” showing the fatal stabbing of the victim, and while the assigned detective was engaged in preliminary investigation, constituted a level three seizure that was supported by reasonable suspicion (see People v. Hicks, 68 N.Y.2d 234, 241–242, 508 N.Y.S.2d 163, 500 N.E.2d 861 [1986]).  In any event, his detention was supported by probable cause (see People v. Johnson, 66 N.Y.2d 398, 402, 497 N.Y.S.2d 618, 488 N.E.2d 439 [1985]).

The trial court did not make a youthful offender determination regarding defendant, who was 18 years old at the time of the crime (see CPL 720.20;  People v. Rudolph, 21 N.Y.3d 497, 501, 974 N.Y.S.2d 885, 997 N.E.2d 457 [2013];  People v. Harris, 236 A.D.3d 549, 550, 228 N.Y.S.3d 189 [2025]).  As the People concede, the case must be remanded to the sentencing court to allow it to make this required determination.