| People v Watson |
| 2017 NY Slip Op 07466 [154 AD3d 976] |
| October 25, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Charles Watson, Appellant. |
Gary E. Eisenberg, New City, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Jennifer Spencer and WilliamC. Milaccio of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Adler,J.), rendered October 15, 2009, convicting him of manslaughter in the first degree, upon his pleaof guilty, and imposing sentence.
Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as somodified, the judgment is affirmed, and the matter is remitted to the Supreme Court, WestchesterCounty, for further proceedings consistent herewith.
Criminal Procedure Law § 720.20 (1) requires "that there be a youthful offenderdetermination in every case where the defendant is eligible, even where the defendant fails torequest it, or agrees to forgo it as part of a plea bargain" (People v Rudolph, 21 NY3d 497, 501 [2013]). Moreover, a claimthat the Supreme Court failed to consider youthful offender treatment is not precluded by ageneral waiver of the right to appeal (seePeople v Newman, 137 AD3d 1306 [2016]; People v Pacheco, 110 AD3d 927 [2013]).
Here, as the People correctly concede, the defendant was eligible for youthful offendertreatment (see CPL 720.10 [2] [a]-[c]), and the record does not demonstrate that theSupreme Court considered whether the defendant should be afforded such treatment. Under thesecircumstances, the defendant's sentence must be vacated and the matter remitted to the SupremeCourt, Westchester County, for resentencing after a determination as to whether the defendantshould be afforded youthful offender treatment (see People v Dhillon, 143 AD3d 734 [2016]; People v Youmans, 140 AD3d1097 [2016]). We express no opinion as to whether the court should afford youthful offendertreatment to the defendant. Mastro, J.P., Hall, Austin and Sgroi, JJ., concur.