PEOPLE v. RUDOLPH

No. 131.

21 N.Y.3d 497 (2013)

997 N.E.2d 457

974 N.Y.S.2d 885

2013 NY Slip Op 4840

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REECE RUDOLPH, Appellant.

Court of Appeals of New York.

Decided June 27, 2013.


Attorney(s) appearing for the Case

Jack H. Weiner , Chatham, for appellant.

Kathleen B. Hogan , District Attorney, Lake George ( Emilee B. Davenport of counsel), for respondent.

Chief Judge LIPPMAN and Judges RIVERA and ABDUS-SALAAM concur with Judge SMITH; Judge GRAFFEO concurs in result in an opinion; Judge READ dissents in an opinion in which Judge PIGOTT concurs.


OPINION OF THE COURT

SMITH, J.

CPL 720.20 (1) says that, where a defendant is eligible to be treated as a youthful offender, the sentencing court "must" determine whether he or she is to be so treated. We hold that compliance with this statutory command cannot be dispensed with, even where defendant has failed to ask to be treated as a youthful offender, or has purported to waive his or her right to make such a request. In so holding, we overrule People...

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