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PEOPLE v. MERCADO

14096.

125 A.D.3d 409 (2015)

998 N.Y.S.2d 880

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MERCADO, Appellant.

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

Decided February 3, 2015.

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. Since we are ordering a new sentencing proceeding, we find it unnecessary to address defendant's other arguments (see e.g. People v Smith, 113 A.D.3d 453 [1st...

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