PEOPLE v. OLIVO

2017-05023, 2017-05024, S.C.I. Nos. 90049/17, 90050/17.

171 A.D.3d 798 (2019)

95 N.Y.S.3d 853

2019 NY Slip Op 02559

The People of the State of New York, Respondent, v. Jose Olivo, Appellant.

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

Decided April 3, 2019.


Ordered that the matter is remitted to the Supreme Court, Richmond County, to hear and determine whether the defendant should be afforded youthful offender treatment and thereafter submit a report to this Court advising of its determination, and the appeals are held in abeyance in the interim.

In People v Rudolph (21 N.Y.3d 497, 499 [2013]), the Court of Appeals held that compliance...

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