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PEOPLE v. SAUNDERS

1832/11, 2646, 2645.

146 A.D.3d 447 (2017)

2017 NY Slip Op 00077

43 N.Y.S.3d 750

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONATHAN SAUNDERS, Appellant.

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

Decided January 5, 2017.

Defendant is entitled, based on People v Rudolph (21 N.Y.3d 497 [2013]), to an express youthful offender (YO) determination. Although the court denied YO treatment, the record does not establish that it did so on any basis other than that it was not part of the agreed-upon sentence (see People v Malcolm, 118 A.D.3d 447 [1st...

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