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PEOPLE v. ODYSSTY D.R.

617 KA 16-02097.

208 A.D.3d 1596 (2022)

174 N.Y.S.3d 646

2022 NY Slip Op 05412

The People of the State of New York, Respondent, v. Odyssty D.R., Appellant.

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

JILL L. PAPERNO, ACTING PUBLIC DEFENDER, ROCHESTER (DREW R. DUBRIN OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN, OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., NeMoyer, Curran and Bannister, JJ.

It is hereby ordered that said appeal is unanimously dismissed.

Memorandum: We previously held this case, reserved decision, and remitted the matter to County Court to make and state for the record a determination whether defendant should be afforded youthful offender status (see generally People v Middlebrooks, 25 N.Y.3d 516, 525-527 [2015]). On remittal, the court adjudicated defendant a youthful offender and, inasmuch...

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