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PEOPLE v. HARGROVE

No. 85 SSM 20.

37 N.Y.3d 1076 (2021)

177 N.E.3d 213

2021 NY Slip Op 06427

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYJHE HARGROVE, Appellant.

Court of Appeals of New York.

Decided November 18, 2021.

Attorney(s) appearing for the Case

Patricia Pazner , Appellate Advocates, New York City ( Hannah Kon of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn ( Jordan Cerutti of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to Supreme Court for further proceedings in accordance with this memorandum.

"[W]hen a defendant has been convicted of an armed felony ... and the only barrier to his or her youthful offender eligibility is that conviction, the court is required to determine on the record whether the defendant is an eligible youth by considering the presence...

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