PEOPLE v. BYERS (2019)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Jayqawn BYERS, Defendant-Appellant.

570310 /17

Decided: December 09, 2019

PRESENT: Ling-Cohan, J.P., Cooper, J.

Judgment of conviction (Toni M. Cimino, J.), rendered August 2, 2016, 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, the defendant is entitled to a youthful offender determination (see CPL 720.20; People v. Rudolph, 21 NY3d 497, 501 [2013]; People v. Frye, 174 AD3d 440 [2019]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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