PEOPLE v. HENRY

2014-09118, Ind. No. 779/12.

143 A.D.3d 1001 (2016)

2016 NY Slip Op 07035

39 N.Y.S.3d 802

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLURABU HENRY, Appellant.

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

Decided October 26, 2016.


Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

Criminal Procedure Law § 720.20 (1) requires "that there be a youthful offender determination in every case where the defendant is eligible, even where the defendant fails to request it, or agrees to forgo it as part of a plea bargain...

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