People v Christopher P.

Holding The court vacated the sentence for criminal possession of a weapon in the second degree because the lower court failed to make an on-the-record determination of the defendant’s eligibility for youthful offender status. The court affirmed the conviction for attempted robbery in the second degree, finding the plea voluntary and the sentence appropriate.

The court’s words

the court is required to determine on the record whether the defendant is an eligible youth by considering the presence or absence of the factors set forth in CPL 720.10 (3)

2026 NY Slip Op 05571, at the official text

County Court did not make such determination, but rather appears to have moved to the second step and determined that youthful offender treatment was inappropriate

2026 NY Slip Op 05571, at the official text

defendant's sentence upon such conviction is vacated, and the matter is remitted to [County] Court for a determination as to defendant's eligibility for youthful offender status

2026 NY Slip Op 05571, at the official text