Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

The People of the State of New York v. Toney Beasley

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


July 1, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
TONEY BEASLEY,
DEFENDANT-APPELLANT.

Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered March 5, 2010.

People v Beasley

Decided on July 1, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., SMITH, CARNI, GREEN, AND MARTOCHE, JJ.

The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree.

It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Erie County Court for resentencing in accordance with the following Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the first degree (Penal Law § 140.30 [4]). We agree with defendant that County Court erred in failing to set forth on the record its determination denying defendant's request for youthful offender treatment (see CPL 720.20 [1]; People v Lee, 79 AD3d 1641; cf. People v Wargula, ___ AD3d ___ [July 1, 2011]). We therefore modify the judgment by vacating the sentence, and we remit the matter to County Court for resentencing after a determination whether defendant should be sentenced as a youthful offender (see Lee, 79 AD3d at 1641-1642).

Entered: July 1, 2011

Patricia L. Morgan Clerk of the Court

20110701

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.