| People v Scott |
| 2014 NY Slip Op 02187 [115 AD3d 1342] |
| March 28, 2014 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v PercyL. Scott, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), renderedJune 16, 2009. The judgment convicted defendant, upon his plea of guilty, of attemptedmurder in the second degree.
It is hereby ordered that the case is held, the decision is reserved and the matter isremitted to Erie County Court for further proceedings in accordance with the followingmemorandum: Defendant appeals from a judgment convicting him, upon his plea ofguilty, of attempted murder in the second degree (Penal Law §§ 110.00,125.25 [1]). Defendant contends that County Court erred in failing to determine whetherhe was eligible for youthful offender status. Defendant, an eligible youth, pleaded guiltypursuant to a plea bargain that included a promised sentence and a waiver of the right toappeal. There was no mention during the plea proceedings whether he would be affordedyouthful offender treatment.
"Upon conviction of an eligible youth, the court must order a [presentence]investigation of the defendant. After receipt of a written report of the investigation and atthe time of pronouncing sentence the court must determine whether or not the eligibleyouth is a youthful offender" (CPL 720.20 [1]). A sentencing court must determinewhether to grant youthful offender status to every defendant who is eligible for itbecause, inter alia, "[t]he judgment of a court as to which young people have a reallikelihood of turning their lives around is just too valuable, both to the offender and tothe community, to be sacrificed in plea bargaining" (People v Rudolph, 21 NY3d 497, 501 [2013]).
We therefore hold the case and remit the matter to County Court to make and statefor the record a determination whether defendant should be afforded youthful offenderstatus (see Rudolph, 21 NY3d at 503). Present—Scudder, P.J., Centra,Fahey, Peradotto and Whalen, JJ.