People v Marquez |
2017 NY Slip Op 02933 [149 AD3d 544] |
April 18, 2017 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York,
Respondent, v Raymond Marquez, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Lorraine Maddalo of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.
Judgments, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered October 2, 2012, convicting defendant, upon his pleas of guilty, of two counts of criminal possession of a weapon in the second degree, and sentencing him to an aggregate term of seven years, unanimously modified, on the law, to the extent of vacating the sentence and remanding the matter for a youthful offender determination, and otherwise affirmed.
As the People concede, defendant is entitled to an express youthful offender determination pursuant to People v Rudolph (21 NY3d 497 [2013]). Concur—Sweeny, J.P., Richter, Andrias, Webber and Gesmer, JJ.