People v Rodriguez
2014 NY Slip Op 03615 [117 AD3d 559]
May 20, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 2, 2014


[*1]
 The People of the State of New York, Respondent,
v
Miguel Rodriguez, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Lauren Springer of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Emily L. Auletta of counsel), for respondent.

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered March 4, 2013, convicting defendant, upon his plea of guilty, of conspiracy in the second degree and manslaughter in the first degree, and sentencing him to an aggregate term of 12 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing.

As the People concede, defendant is entitled to resentencing pursuant to People v Rudolph (21 NY3d 497 [2013]) for a youthful offender determination. Since we are ordering a new sentencing proceeding, we find it unnecessary to address defendant's other arguments. Concur—Gonzalez, P.J., Friedman, Moskowitz, Freedman and Kapnick, JJ.