| People v Ojomo |
| 2015 NY Slip Op 02503 [126 AD3d 1011] |
| March 25, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Kyrell Ojomo, Appellant. |
Lynn W.L. Fahey, New York, N.Y., for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and JodiL. Mandel of counsel), for respondent.
Appeal by the defendant, as limited by his brief, from a sentence of the SupremeCourt, Kings County (Chun, J.), imposed April 15, 2013, upon his conviction of robberyin the first degree, upon his plea of guilty.
Ordered that the sentence is reversed, on the law, and the matter is remitted to theSupreme Court, 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 Rudolph, 21 NY3d 497, 501 [2013]). Here, as thePeople correctly concede, the record does not demonstrate that the Supreme Courtconsidered whether the defendant should be treated as a youthful offender. Accordingly,the sentence must be reversed, and the matter remitted to the Supreme Court, KingsCounty, for a determination as to whether the defendant should be treated as a youthfuloffender (see People vCalkins, 119 AD3d 975 [2014]; People v Ramirez, 115 AD3d 992 [2014]; People v Smith, 113 AD3d453 [2014]; People vPacheco, 110 AD3d 927 [2013]; People v Tyler, 110 AD3d 745 [2013]). Rivera, J.P.,Leventhal, Hinds-Radix and Barros, JJ., concur.