People v. Proffitt (Actions Nos. 1 & 2)
Attorneys and Parties
Brief Summary
Criminal law — requirement that sentencing courts make a youthful offender (YO) determination under CPL 720.20(1) [requires a youthful offender determination in every eligible case, even absent a request or if waived in a plea] for eligible youths defined in CPL 720.10(2) [defines 'eligible youth'].
The Supreme Court, Kings County, accepted the defendant's guilty pleas and imposed sentences without making a YO determination on the record.
The sentences were vacated; the convictions were otherwise affirmed.
The defendant was an eligible youth, and the record did not show that the court considered and determined YO status as required by CPL 720.20(1), necessitating remittal for a YO determination and resentencing.
Background
Defendant appealed from two May 23, 2023 judgments of the Supreme Court, Kings County, after pleading guilty to attempted murder in the second degree (Ind. No. 70894/20) and criminal possession of a firearm (Ind. No. 73429/21). The People conceded on appeal that the defendant qualified as an eligible youth. The appellate record did not reflect any on-the-record youthful offender (YO) determination.
Lower Court Decision
The Supreme Court, Kings County, convicted the defendant upon his guilty pleas and imposed sentences, but the record did not demonstrate that the court considered or made a youthful offender determination.
Appellate Division Reversal
Modified on the law by vacating the sentences and remitting to the Supreme Court, Kings County, to determine whether the defendant should be afforded youthful offender treatment and, thereafter, to resentence accordingly. Judgments otherwise affirmed; the court did not reach the defendant's remaining contention.
Legal Significance
Reaffirms the mandatory nature of an on-the-record youthful offender determination for every eligible youth under CPL 720.20(1), consistent with People v. Rudolph, and confirms that failure to do so requires vacatur of the sentence and remittal for proper consideration.
Sentencing courts must expressly consider and determine youthful offender status for every eligible youth; a silent record will result in vacatur of the sentence and remand for a proper YO determination and resentencing.