PEOPLE v. MILLER

NO. 2013-08511, 2903/12

147 A.D.3d 783 (2017)

45 N.Y.S.3d 809

2017 NY Slip Op 00663

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS MILLER, Appellant.

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

Decided February 1, 2017.


Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Foley, J.), imposed May 28, 2013, upon his plea of guilty, on the ground that the sentence is excessive.

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.

Criminal Procedure Law § 720.20 (1) requires "that there be a youthful offender determination...

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