People v. Hall, 119 A.D.3d 1349 (N.Y. App. Div. 2014). · Go Syfert
People v. Hall, 119 A.D.3d 1349 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Hall (nyappdiv, 2015-07-02)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Hall
N.Y. App. Div. · 2015 · confidence medium
Memorandum: We previously held this case, reserved decision, and remitted the matter to County Court to make and state for the record its determination whether defendant is a youthful offender (People v Hall, 119 AD3d 1349, 1350 [2014]).
discussed Cited as authority (rule) People v. Hall
N.Y. App. Div. · 2015 · confidence medium
Memorandum: We previously held this case, reserved decision, and remitted the matter to County Court to make and state for the record its determination whether defendant is a youthful offender (People v Hall, 119 AD3d 1349, 1350 [2014]).
discussed Cited as authority (rule) People v. Mohamed
N.Y. App. Div. · 2015 · confidence medium
We therefore hold the case in each appeal, reserve decision, and remit the matter to County Court to make and state for the record a determination in each appeal whether defendant should be afforded youthful offender status (see Rudolph, 21 NY3d at 503 ; People v Hall, 119 AD3d 1349, 1350 [2014]).
discussed Cited as authority (rule) People v. Mohamed
N.Y. App. Div. · 2015 · confidence medium
We therefore hold the case in each appeal, reserve decision, and remit the matter to County Court to make and state for the record a determination in each appeal whether defendant should be afforded youthful offender status (see Rudolph, 21 NY3d at 503 ; People v Hall, 119 AD3d 1349, 1350 [2014]).
discussed Cited as authority (rule) People v. Gibson
N.Y. App. Div. · 2014 · confidence medium
Thus, “[t]he sentencing court must make ‘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 as part of a plea bargain’ ” (People v Hall, 119 AD3d 1349, 1350 [2014], quoting Rudolph, 21 NY3d at 501 ).
discussed Cited as authority (rule) People v. Gibson
N.Y. App. Div. · 2014 · confidence medium
Thus, “[t]he sentencing court must make ‘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 as part of a plea bargain’ ” (People v Hall, 119 AD3d 1349, 1350 [2014], quoting Rudolph, 21 NY3d at 501 ).
discussed Cited "see" MCGUAY, RONALD P., PEOPLE v
N.Y. App. Div. · 2014 · signal: see · confidence high
Although defendant contends that his plea was involuntarily entered, he failed to preserve his contention for our review inasmuch as he did not move to withdraw his plea or to vacate the judgment of conviction (see People v Cubi, 104 AD3d 1225, 1226 , lv denied 21 NY3d 1003 ), and the narrow exception to the preservation rule does not apply because defendant said nothing during the plea colloquy that “clearly casts significant doubt upon the defendant’s guilt or otherwise calls into question the voluntariness of the plea” (People v Lopez, 71 NY2d 662, 666 ; see People v Hall, 119 AD3d 13…
discussed Cited "see" People v. McGuay
N.Y. App. Div. · 2014 · signal: see · confidence high
Although defendant contends that his plea was involuntarily entered, he failed to preserve his contention for our review inasmuch as he did not move to withdraw his plea or to vacate the judgment of conviction (see People v Cubi, 104 AD3d 1225, 1226 [2013], lv denied 21 NY3d 1003 [2013]), and the narrow exception to the preservation rule does not apply because defendant said nothing during the plea colloquy that “clearly casts significant doubt upon the defendant’s guilt or otherwise calls into question the voluntariness of the plea” (People v Lopez, 71 NY2d 662, 666 [1988]; see People v…
discussed Cited "see" People v. McGuay
N.Y. App. Div. · 2014 · signal: see · confidence high
Although defendant contends that his plea was involuntarily entered, he failed to preserve his contention for our review inasmuch as he did not move to withdraw his plea or to vacate the judgment of conviction (see People v Cubi, 104 AD3d 1225, 1226 [2013], lv denied 21 NY3d 1003 [2013]), and the narrow exception to the preservation rule does not apply because defendant said nothing during the plea colloquy that “clearly casts significant doubt upon the defendant’s guilt or otherwise calls into question the voluntariness of the plea” (People v Lopez, 71 NY2d 662, 666 [1988]; see People v…
The People of the State of New York
v.
Brandon S. Hall
Appellate Division of the Supreme Court of the State of New York.
Jul 3, 2014.
119 A.D.3d 1349
Centra, Dejoseph, Fahey, Peradotto, Sconiers.
Cited by 12 opinions  |  Published

Appeal from a judgment of the Monroe County Court (Alex R. Renzi, J.), rendered April 22, 2009. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Monroe County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him, upon his guilty plea, of burglary in the first degree (Penal Law § 140.30 [2]). By failing to move to withdraw his plea of guilty or to vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution (see People v Lopez, 71 NY2d 662, 665 [1988]; People v Hawkins, 94 AD3d 1439, 1440 [2012], lv denied 19 NY3d 974 [2012]). Contrary to defendant’s contention, this case does not fall within the narrow exception to the preservation requirement because nothing in the plea allocution “clearly casts significant doubt upon the defendant’s guilt or otherwise calls into question the voluntariness of the plea” (Lopez, 71 NY2d at 666; see People v Moorer, 63 AD3d 1590, 1590-1591 [2009], lv denied 13 NY3d 837 [2009]).

[*1350] As defendant further contends and the People correctly concede, however, the court erred in failing to determine whether defendant should be afforded youthful offender status. Defendant, an eligible youth, pleaded guilty pursuant to a plea bargain that included a promised sentence. There was no mention during the plea proceedings whether defendant would be adjudicated a youthful offender. “Upon conviction of an eligible youth, the court must order a [presentence] investigation of the defendant. After receipt of a written report of the investigation and at the time of pronouncing sentence the court must determine whether or not the eligible youth is a youthful offender” (CPL 720.20 [1]). The sentencing court must make “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 as part of a plea bargain” (People v Rudolph, 21 NY3d 497, 501 [2013]; see People v Scott, 115 AD3d 1342, 1343 [2014]; People v Smith, 112 AD3d 1334, 1334 [2013]). We therefore hold the case, reserve decision on any issues not addressed herein, and remit the matter to County Court to make and state for the record “a determination of whether defendant is a youthful offender” (Rudolph, 21 NY3d at 503).

Present— Centra, J.P, Fahey, Peradotto, Sconiers and DeJoseph, JJ.