The People v Jevaughn Yankanah
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Attorneys and Parties
Brief Summary
Criminal law issue concerning whether the sentencing court was required to make an explicit on-the-record youthful offender determination for an eligible youth who pleaded guilty.
The Supreme Court, Queens County, convicted the defendant of criminal possession of a weapon in the fourth degree upon his guilty plea and imposed sentence without showing on the record that it made a youthful offender determination.
The Appellate Division vacated the sentence and remitted the matter for a youthful offender determination and resentencing; the conviction otherwise remained affirmed.
Under Criminal Procedure Law § 720.20(1) [requires a court to make a youthful offender determination in every case where the defendant is eligible], the court must explicitly decide on the record whether an eligible defendant should receive youthful offender treatment, even if the defendant does not request it or agrees to forgo it in a plea bargain. The record did not show that such a determination was made.
Background
Jevaughn Yankanah appealed from a judgment of the Supreme Court, Queens County, rendered on April 28, 2023, convicting him of criminal possession of a weapon in the fourth degree after a guilty plea and imposing sentence. Although he was an eligible youth, the sentencing record did not demonstrate that the court made the required youthful offender determination.
Lower Court Decision
The lower court accepted the defendant's guilty plea to criminal possession of a weapon in the fourth degree and imposed sentence, but it did not explicitly state on the record whether the defendant would be afforded youthful offender treatment.
Appellate Division Reversal
The Appellate Division modified the judgment by vacating the sentence and remitting the matter to the Supreme Court, Queens County, for resentencing after making a determination as to whether the defendant should be afforded youthful offender treatment. The appellate court also directed the lower court to reconsider mandatory surcharges and fees after deciding youthful offender status and resentencing.
Legal Significance
This decision reinforces that New York courts must make an express youthful offender determination on the record in every case involving an eligible youth. That obligation cannot be waived by silence, by a failure to request youthful offender treatment, or by a plea agreement. If the record does not show compliance, the sentence must be vacated and the case remitted.
When sentencing an eligible youth, the court must expressly decide on the record whether youthful offender treatment applies. Failure to do so requires vacatur of the sentence and remittal for a proper determination and resentencing.