| People v McEachern |
| 2015 NY Slip Op 02501 [126 AD3d 1010] |
| March 25, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Eric McEachern, Appellant. |
Lynn W.L. Fahey, New York, N.Y., for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove andThomas M. Ross of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Firetog, J.), rendered May 14, 2013, convicting him of manslaughter in the first degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is modified, on the law, by vacating the sentence imposed;as so modified, the judgment is affirmed, and the matter is remitted to the SupremeCourt, Kings County, for further proceedings consistent herewith.
"CPL 720.20 (1) requires 'that there be a youthful offender determination in everycase where the defendant is eligible, even where the defendant fails to request it, oragrees to forgo it as part of a plea bargain' " (People v Ramirez, 115 AD3d 992, 993 [2014], quoting People v Rudolph, 21 NY3d497, 501 [2013]). Here, as the People correctly concede, the Supreme Court failed toconsider whether the defendant should be treated as a youthful offender. Accordingly,the defendant's sentence must be vacated and the matter remitted to the Supreme Court,Kings County, for resentencing after determining whether the defendant should beadjudicated a youthful offender (see People v Brooks, 120 AD3d 1255, 1256 [2014];People v Ramirez, 115 AD3d at 993; People v Tyler, 110 AD3d 745 [2013]). We express noopinion as to whether the Supreme Court should afford youthful offender status to thedefendant.
In light of our determination, the defendant's remaining contention has been renderedacademic. Balkin, J.P., Roman, Sgroi and LaSalle, JJ., concur.