PEOPLE v. RICHARDSON (2022)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Denzell RICHARDSON a/k/a Denzel Richardson, Defendant-Appellant.

570540 /19

Decided: October 19, 2022

PRESENT: Hagler, J.P., Tisch, Michael, JJ.

Judgment of conviction (Marisol Martinez Alonso, J.), rendered July 6, 2018, modified, on the law, to the extent of vacating the conviction and replacing it with a finding that defendant is a youthful offender.

As the People concede, the defendant is entitled to an express youthful offender determination (see CPL 720.20; People v Rudolph, 21 NY3d 497, 501 [2013]; People v Frye, 174 AD3d 440 [2019]). Since defendant has already served the sentence, we do not vacate the sentence and remand the matter for resentencing (see People v Olivo, 171 AD3d 798 [2019]; People v Newman, 137 AD3d 1306 [2016]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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