| People v Munoz |
| 2014 NY Slip Op 03418 [117 AD3d 1585] |
| May 9, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vRonald M. Munoz, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Erin Tubbs of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.),rendered May 27, 2010. The judgment convicted defendant, upon his plea of guilty, ofburglary in the second degree.
It is hereby ordered that the case is held, the decision is reserved and the matter isremitted to Monroe County Court for further proceedings in accordance with thefollowing memorandum: Defendant appeals from a judgment convicting him upon hisplea of guilty of burglary in the second degree (Penal Law § 140.25 [2]).Defendant contends that County Court erred in failing to determine whether he should beafforded youthful offender status. We agree.
"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 afford 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]). The recordhere indicates that, although the court told defendant during the plea proceeding, "I willnot be adjudicating you a youthful offender"—thus referring to some future,unspecified time—the court thereafter failed to make a formal adjudication on therecord. We therefore hold the case, reserve decision and remit the matter to County Courtto make and state for the record a determination whether defendant should be affordedyouthful offender status (see id. at 503). Present—Scudder, P.J., Fahey,Lindley, Valentino and Whalen, JJ.