| People v Zapata |
| 2016 NY Slip Op 03096 [138 AD3d 585] |
| April 21, 2016 |
| 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 Alex Zapata, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Joshua Norkin of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (James Wen of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered November 29, 2012, as amended April 10, 2013, convicting defendant, upon his plea of guilty, of three counts of attempted robbery in the second degree, and sentencing him to concurrent terms of six years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for a youthful offender determination, and otherwise affirmed.
As the People concede, based on People v Rudolph (21 NY3d 497 [2013]), defendant is entitled to an express youthful offender determination. Concur—Tom, J.P., Acosta, Richter, Manzanet-Daniels and Gesmer, JJ.