PEOPLE v. ROCHA (2026)

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

The PEOPLE of the State of New York, Respondent, v. Ronny ROCHA, Defendant–Appellant.

5890

Decided: February 19, 2026

Manzanet–Daniels, J.P., Scarpulla, Friedman, Chan, Hagler, JJ.

Twyla Carter, The Legal Aid Society, New York (Elizabeth Batkin of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Andrew J. Loizides of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Steven Lloyd Barrett, J.), rendered October 16, 2017, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree under indictment No. 2088/2014, and of possession of prison contraband in the first degree under indictment No. 1923/2017, and sentencing him to an aggregate term of three years, unanimously modified, on the law, to the extent of vacating the sentence on the attempted robbery conviction and remanding for a youthful offender determination, and otherwise affirmed.

As the People concede, defendant is entitled to be resentenced on the attempted robbery conviction with an express youthful offender determination (see CPL 720.10[3], 720.20[1][a]; People v. Middlebrooks, 25 N.Y.3d 516, 524–525, 14 N.Y.S.3d 296, 35 N.E.3d 464 [2015]; People v. Rudolph, 21 N.Y.3d 497, 501, 974 N.Y.S.2d 885, 997 N.E.2d 457 [2013]; People v. C.D.C., 235 A.D.3d 505, 506, 228 N.Y.S.3d 49 [1st Dept. 2025]).

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