People of the State of New York v. Ronny Rocha
Attorneys and Parties
Brief Summary
Criminal procedure — youthful offender (YO) determination required at sentencing for eligible youths.
The trial court accepted defendant’s guilty plea to attempted robbery in the second degree and possession of prison contraband in the first degree and imposed an aggregate three-year sentence without making an express YO determination on the attempted robbery conviction.
Only the sentence on the attempted robbery conviction was vacated and remanded for a YO determination; the judgment was otherwise affirmed.
Under CPL 720.10(3) [defines "eligible youth" for youthful offender treatment] and CPL 720.20(1)(a) [requires the court to determine at sentencing whether an eligible youth is a youthful offender], an express YO determination is mandatory; the People conceded the error, and controlling precedents (People v Middlebrooks; People v Rudolph) require remand.
Background
Defendant pleaded guilty under two indictments: attempted robbery in the second degree (Ind. No. 2088/2014) and possession of prison contraband in the first degree (Ind. No. 1923/2017). Supreme Court, Bronx County (Justice Steven Lloyd Barrett) sentenced him to an aggregate three-year term. No express youthful offender determination was made on the attempted robbery count. Defendant appealed.
Lower Court Decision
Supreme Court, Bronx County rendered judgment on October 16, 2017, convicting defendant on his pleas and imposing an aggregate three-year sentence, but did not expressly determine youthful offender status for the attempted robbery conviction.
Appellate Division Reversal
The Appellate Division unanimously modified the judgment on the law by vacating the sentence on the attempted robbery conviction and remanding for a youthful offender determination; the judgment was otherwise affirmed. The modification followed the People’s concession and controlling authority requiring an express YO determination.
Legal Significance
Reaffirms that courts must make an explicit youthful offender determination for eligible youths at sentencing; failure to do so necessitates vacatur of the sentence on the affected count and remand for proper consideration, consistent with Middlebrooks and Rudolph.
When sentencing an eligible youth, the court must expressly decide youthful offender status; omission requires vacating the sentence on that count and remanding, even if the remainder of the judgment stands.