SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
July 1, 2011
THE PEOPLE OF THE STATE OF NEW YORK,
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 ). 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 ; 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
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