AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LIONEL MENDOZA, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 29, 1975, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence. Judgment reversed, on the law, sentence vacated, and case remanded to Criminal Term for resentencing, at which time Criminal Term shall determine whether appellant is a youthful offender. The record fails to disclose whether Criminal Term made a determination as to whether appellant is a youthful offender. CPL 720.20 (subd 1) mandates that such a determination be made at the time of pronouncing sentence. This requirement may neither be ignored nor bargained away (People v Barrow, 51 A.D.2d 912; see, also, People v Taylor, 86 Misc.2d 445). Hopkins, Acting P.J., Margett, Damiani and Rabin, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. MENDOZA
(May 2, 1977)