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PEOPLE v. JAMES

12965, 1411/08

120 A.D.3d 1105 (2014)

992 N.Y.S.2d 401

2014 NY Slip Op 06250

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. QUADAUN JAMES, Appellant.

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

Decided September 23, 2014.

As the People concede, defendant is entitled to resentencing pursuant to People v Rudolph (21 N.Y.3d 497 [2013]) for a youthful offender determination. Defendant did not make a valid waiver of the right to appeal, and, in any event, the right of an eligible defendant to such a determination is not waivable (id. at 499). Since we are ordering a new sentencing proceeding, we find it unnecessary to address defendant's other...

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