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PEOPLE v. LESSANE

2017-03797. Ind. No. 5937/05.

169 A.D.3d 827 (2019)

91 N.Y.S.3d 890

2019 NY Slip Op 01097

The People of the State of New York, Respondent, v. Terrence Lessane, Appellant.

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

Decided February 13, 2019.

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.

The Supreme Court was required to determine on the record whether the defendant was an "eligible youth" (CPL 720.10 [2]; see CPL 720.10 [3]) and, if so, whether he should be afforded...

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