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PEOPLE v. MIDDLEBROOKS

Nos. 88, 89.

25 N.Y.3d 516 (2015)

35 N.E.3d 464

14 N.Y.S.3d 296

2015 NY Slip Op 04875

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM MIDDLEBROOKS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FABRICE LOWE, Appellant.

Court of Appeals of New York.

Decided June 11, 2015.

Attorney(s) appearing for the Case

David C. Schopp , The Legal Aid Bureau of Buffalo, Inc., Buffalo ( Barbara J. Davies and Timothy P. Murphy of counsel), for appellant in the first above-entitled action.

Frank A. Sedita, III , District Attorney, Buffalo ( David A. Heraty and Donna A. Milling of counsel), for respondent in the first above-entitled action.

Hiscock Legal Aid Society, Syracuse ( Philip Rothschild of counsel), for appellant in the second above-entitled action.

William J. Fitzpatrick , District Attorney, Syracuse ( James P. Maxwell of counsel), for respondent in the second above-entitled action.

Opinion by Judge FAHEY. Chief Judge LIPPMAN and Judges RIVERA and ABDUS-SALAAM concur. Judge STEIN concurs in result in a separate concurring opinion in which Judges READ and PIGOTT concur.

OPINION OF THE COURT

The legislature has recognized that the determination as to punishment for a youth who has committed a crime is fundamentally different from the same determination for an adult. On these appeals, we are asked to decide whether, when a defendant who would otherwise...

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