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PEOPLE v. WHITE

15725, 1406/13.

131 A.D.3d 891 (2015)

16 N.Y.S.3d 731

2015 NY Slip Op 06978

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BYRON WHITE, Appellant.

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

Decided September 29, 2015.

As the People concede, defendant is entitled to resentencing for an express consideration of a youthful offender determination on his assault conviction (see People v Rudolph, 21 N.Y.3d 497 [2013]).

However, with respect to the conspiracy conviction, defendant is not a "youth" under the statute (CPL 720.10 [1]), because the plea allocution establishes that defendant remained part...

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