| People v Gutierrez |
| 2016 NY Slip Op 04304 [140 AD3d 407] |
| June 2, 2016 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Wanel Gutierrez, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel),for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Ross D. Mazer of counsel), forrespondent.
Judgments, Supreme Court, New York County (Gregory Carro, J.), renderedFebruary 26, 2014, convicting defendant, upon his pleas of guilty, of burglary in the thirddegree and grand larceny in the fourth degree, and sentencing him to concurrent terms ofone year, unanimously modified, on the law, to the extent of vacating the larcenysentence and remanding for a youthful offender determination on that conviction only,and otherwise affirmed.
The court sufficiently advised defendant of the rights he was giving up by pleadingguilty, "notwithstanding that it omitted the word 'jury' from its reference[s] to giving upthe right to a trial" (People vWilliams, 137 AD3d 706, 706 [1st Dept 2016]).
Defendant was ineligible to be considered for youthful offender (YO) treatment inconnection with his burglary conviction because he was 19 years old when the offensewas committed. However, although it is clear from the discussion of YO treatmentduring plea proceedings that the court was not inclined to grant such treatment on thelarceny conviction, the court did not make the requisite explicit determination on therecord at the sentencing proceeding, requiring that the matter be remanded for thatpurpose (see People vRudolph, 21 NY3d 497 [2013]; People v Basono, 122 AD3d 553 [1st Dept 2014], lvdenied 25 NY3d 1069 [2015]; People v Smith, 113 AD3d 453 [1st Dept 2014]).
We perceive no basis for reducing the sentences. Concur—Acosta, J.P., Saxe,Gische, Webber and Kahn, JJ.