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PEOPLE v. OCHOA

11317.

182 A.D.3d 410 (2020)

121 N.Y.S.3d 268

2020 NY Slip Op 02156

The People of the State of New York, Respondent, v. Ezequiel Ochoa, Appellant.

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

Decided April 2, 2020.

To the extent that the court concluded that defendant was presumptively ineligible for youthful offender treatment, that determination was incorrect. Defendant's prior conviction of criminal possession of a weapon in the second degree, for "possess[ing] a loaded firearm" (Penal Law § 265.03[1][b]) was not an "armed felony" within the meaning of CPL 720.10(2)(a). As relevant here, CPL 1.20, which CPL 720.10(2)(a) incorporates, defines "armed felony" as "any violent felony...

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