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People v. Belford
Citation: 2022 NY Slip Op 06257Docket: 2021-03148
Court: Appellate Division of the Supreme Court of the State of New York; November 8, 2022; New York; State Appellate Court
Original Court Document: View Document
Nahriek Belford appealed a judgment from the County Court of Suffolk County, where he was convicted of first-degree assault, two counts of second-degree manslaughter, and unlawful fleeing from a police officer in a motor vehicle, following a guilty plea. The Appellate Division, Second Department, modified the judgment by vacating the sentence. It determined that the sentencing court failed to consider whether Belford, as an eligible youth, should be granted youthful offender status, as mandated by CPL 720.20(1). The court emphasized that the determination of youthful offender treatment is required regardless of whether the defendant requests it or waives the right to such a request. The case was remitted back to the County Court for proper consideration of youthful offender status and resentencing. All justices on the panel concurred with the decision.