People v Bowie
2021 NY Slip Op 06098 [199 AD3d 469]
November 9, 2021
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 29, 2021


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

Richard M. Weinstein, New York, for appellant.

Darcel D. Clark, District Attorney, Bronx (Daniel J. Young of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Fernando Camacho, J.), rendered March 5, 2019, convicting defendant, upon his plea of guilty, of manslaughter in the first degree and sentencing him to a term of 15 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing, including a youthful offender determination, and otherwise affirmed.

As the People concede, based on People v Rudolph (21 NY3d 497 [2013]), defendant is entitled to resentencing with an express youthful offender determination on this conviction. Concur—Manzanet-Daniels, J.P., Oing, Moulton, Scarpulla, JJ.