| People v Noel M. |
| 2015 NY Slip Op 02073 [126 AD3d 542] |
| March 17, 2015 |
| 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 Noel M., Appellant. |
Scott A. Rosenberg, The Legal Aid Society, New York (Denise Fabiano of counsel) for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Martin J. Foncello of counsel), for respondent.
Judgment, Supreme Court, New York County (Michael Sonberg, J., at plea; Bruce
Allen, J., at sentencing), rendered January 2, 2013, convicting defendant of robbery in
the first degree, adjudicating him a youthful offender, and sentencing him to a term of
1
As the People concede, defendant is entitled to resentencing pursuant to People v Rudolph (21 NY3d 497 [2013]) for a youthful offender determination on his assault conviction.
With regard to the case in which defendant has already been adjudicated a youthful offender, we perceive no basis for reducing the sentence. Concur—Sweeny, J.P., Renwick, Saxe, Manzanet-Daniels and Gische, JJ.