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PEOPLE v. JOHNSON

Ind. No. 5124/16, 1630/17. Appeal No. 14457-14457A. Case No. 2019-2525, 2019-2533.

198 A.D.3d 544 (2021)

152 N.Y.S.3d 803

2021 NY Slip Op 05787

The People of the State of New York, Respondent, v. Taivon Johnson, Appellant.

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

Decided October 21, 2021.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Tabitha P. Cohen of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Michael J. Yetter of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Scarpulla, Rodriguez, Higgitt, JJ.

As the People concede, defendant is entitled to be resentenced with an express youthful offender determination (see People v Rudolph, 21 N.Y.3d 497 [2013]). Defendant's remaining arguments either are rendered academic by this disposition or are...

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