PEOPLE v. T. B., Defendant–Appellant. (2026)

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

The PEOPLE of the State of New York, Respondent, v. T. B., Defendant–Appellant.

7175

Decided: October 08, 2026

Manzanet–Daniels, J.P., Kennedy, Friedman, Kapnick, Higgitt, JJ.

The Legal Aid Society, New York (Danielle A. Bernstein of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Gamaliel Marrero of counsel), for respondent.

Judgment, the Supreme Court, Bronx County (Joseph A. McCormack, J.), rendered October 14, 2022, as amended October 18, 2022, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him to a term of 31/212 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for a youthful offender determination, and otherwise affirmed.

As the People concede, defendant is entitled to be resentenced with an express youthful offender determination (see CPL 720.10[3]; CPL 720.20[1][a]; People v. Middlebrooks, 25 NY3d 516, 524–525 [2015]; People v. Rudolph, 21 NY3d 497, 501 [2013]; People v. R.R., 246 AD3d 583 [1st Dept 2026] ).

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