PEOPLE v. BATTLE

2018-14652. Ind. No. 1474/15.

187 A.D.3d 1203 (2020)

131 N.Y.S.3d 595

2020 NY Slip Op 06135

The People of the State of New York, Respondent, v. Laquan Battle, Appellant.

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

Decided October 28, 2020.


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.

The defendant contends, and the People concede, that the Supreme Court failed to determine whether he should be afforded youthful offender status (CPL 720.20[1]). The parties are correct that the record does not demonstrate that the...

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