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PEOPLE v. FOSTER

2016-00861, Ind. No. 5641/15.

162 A.D.3d 790 (2018)

75 N.Y.S.3d 91

2018 NY Slip Op 04341

The People of the State of New York, Respondent, v. Stephon Foster, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 13, 2018.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

CPL 720.20 (1) requires a court to make a youthful offender determination in every case where the defendant is an "eligible youth" (CPL 720.10 [2]; see People v Rudolph, 21 N.Y.3d 497, 501 ...

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