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PEOPLE v. TERRENCE L.

2019-10146. Ind. No. 5937/05.

195 A.D.3d 1041 (2021)

150 N.Y.S.3d 126

2021 NY Slip Op 04149

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

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

Decided June 30, 2021.

Attorney(s) appearing for the Case

Mintz & Oppenhein, LLP, New York, NY ( Marshall A. Mintz of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Jodi L. Mandel of counsel; Marielle Burnett on the memorandum), for respondent.

LaSalle, P.J., Chambers, Miller, Duffy and Wooten, JJ., concur.

Ordered that the resentence is reversed, as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Kings County, for an order directing that the conviction be deemed vacated and replaced with a finding that the defendant is a youthful offender (see CPL 720.20[3]), for the imposition of a sentence pursuant to Penal Law § 60.02, and for further proceedings in accordance with CPL 720.35.

CPL 720.20(1) requires...

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