| People v Duma |
| 2017 NY Slip Op 04212 [150 AD3d 606] |
| May 25, 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 Rafy Duma, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey Wojcik of counsel), for respondent.
Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered December 22, 2014, convicting defendant, upon his plea of guilty, of robbery in the first degree and burglary in the first degree, and sentencing him to concurrent terms of nine 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 Middlebrooks (25 NY3d 516 [2015]) and People v Rudolph (21 NY3d 497 [2013]), defendant is entitled to an express youthful offender determination. Concur—Tom, J.P., Sweeny, Richter, Kapnick and Webber, JJ.