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PEOPLE v. LUNDI

2018-01010. Ind. No. 355/15.

201 A.D.3d 817 (2022)

157 N.Y.S.3d 389

2022 NY Slip Op 00316

The People of the State of New York, Respondent, v. Steve Lundi, Appellant.

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

Decided January 19, 2022.

Attorney(s) appearing for the Case

Patricia Pazner, New York, NY (Priya Raghavan of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Keith Dolan, and Daniel Berman of counsel; Robert Ho on the brief), for respondent.

Brathwaite Nelson, J.P., Iannacci, Rivera and Ford, JJ., concur.

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 in accordance herewith.

CPL 720.20(1) requires "that there be a youthful offender determination in every case where the defendant is eligible, even where the defendant fails to request it, or agrees to forgo it...

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