PEOPLE v. CATLETT

Ind. Nos. 3403/10, 3403/10. Appeal No. 14164. Case No. 2019-1024.

196 A.D.3d 418 (2021)

146 N.Y.S.3d 780

2021 NY Slip Op 04204

The People of the State of New York, Respondent, v. Denzel Catlett, Appellant.

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

Decided July 6, 2021.


Attorney(s) appearing for the Case

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

Cyrus R. Vance, Jr. , District Attorney, New York ( Kerry Fulham of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Moulton, Scarpulla, JJ.


A remand for resentencing is required, because the court did not make the requisite explicit youthful offender determination on the record at the sentencing (see People v Rudolph, 21 N.Y.3d 497 [2013]; People v Smith, 113 A.D.3d 453, 454 [1st Dept 2014]). The People's arguments to the contrary, and their request for dismissal of the appeal, are unavailing.

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