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PEOPLE v. COLON

Appeal No. 12881. Case No. 2018-2303.

190 A.D.3d 563 (2021)

136 N.Y.S.3d 707

2021 NY Slip Op 00264

The People of the State of New York, Respondent, v. Kervin Colon, Appellant.

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

Decided January 19, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Antonio Villaamil of counsel), for appellant.

Darcel D. Clark , District Attorney, New York ( Daniel J. Young of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Shulman, JJ.

Contrary to defendant's contention, the court made a youthful offender determination during the sentencing proceeding (see CPL 720.20; People v Rudolph, 21 N.Y.3d 497 [2013]). At sentencing, the court referred to its denial of a request for such treatment made by counsel during the plea proceeding. However, the statements the court made when imposing sentence, viewed as a whole, indicated that it was making a new determination...

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