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PEOPLE v. DAWKINS

2013-10797

131 A.D.3d 482 (2015)

13 N.Y.S.3d 908

2015 NY Slip Op 06437

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DAWKINS, Appellant.

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

Decided August 5, 2015.

Ordered that the sentence is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

In People v Rudolph (21 N.Y.3d 497, 499 [2013]), the Court of Appeals held that compliance with CPL 720.20 (1), which provides that the sentencing court "must" determine whether an eligible defendant is to be treated as a youthful offender, "cannot be dispensed with...

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