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PEOPLE v. PUNTER

3351/09, 16522A, 3596/10, 16522

135 A.D.3d 409 (2016)

21 N.Y.S.3d 876

2016 NY Slip Op 00006

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSCAR PUNTER, Appellant.

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

Decided January 5, 2016.

Defendant is entitled to a youthful offender determination pursuant to People v Rudolph (21 N.Y.3d 497 [2013]) on his assault conviction. Although the court stated that defendant would receive youthful offender treatment on the robbery charge, to which he pleaded guilty on the same day, it did not specify with regard to the assault count whether it had "actually consider[ed] youthful offender...

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