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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LAQUAN CRIMM, DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Monroe County Court for further proceedings in accordance with the following Memorandum: On appeal from a judgment convicting him upon his guilty plea of, inter alia, two counts of robbery in the first degree (Penal Law § 160.15[1], [3] ), defendant contends and the People correctly concede that County Court erred in failing to determine whether defendant, an eligible youth (see CPL 720.20[1] ), should be afforded youthful offender status. Pursuant to CPL 720.20(1), the sentencing court must make “a youthful offender determination in every case where the defendant is eligible, even where the defendant fails to request it, or agrees to forgo it as part of a plea bargain” (People v. Rudolph, 21 NY3d 497, 501; see People v. Scott, 115 AD3d 1342, 1343; People v. Smith, 112 AD3d 1334, 1334). Here, there was no mention during the plea proceeding or at sentencing whether defendant would be adjudicated a youthful offender. We therefore hold the case, reserve decision, and remit the matter to County Court to make and state for the record “a determination of whether defendant is a youthful offender” (Rudolph, 21 NY3d at 503).
Frances E. Cafarell
Clerk of the Court
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Docket No: KA 10–02419
Decided: November 14, 2014
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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