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PEOPLE v. LUGO

Ind. No. 899/18. Appeal No. 13813. Case No. 2019-1850.

194 A.D.3d 495 (2021)

143 N.Y.S.3d 533

2021 NY Slip Op 02997

The People of the State of New York, Respondent, v. Antonio Lugo, Appellant.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Anjali Pathmanathan of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Amanda Katherine Regan of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Oing, Singh, JJ.

As the People concede, defendant is entitled to an express youthful offender determination pursuant to People v Rudolph (21 N.Y.3d 497 [2013]). Because we are ordering a resentencing, we decline to reach any other issues, including defendant's request for waiver of surcharges and fees pursuant to CPL 420.35(2-a). These issues should be addressed at the resentencing...

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