People v. Miller

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Foley, J.), imposed May 28, 2013, upon his plea of guilty, on the ground that the sentence is excessive.

Ordered that the sentence is reversed, on the law, and the matter is remitted to the Supreme Court, Kangs County, for further proceedings consistent herewith.

Criminal Procedure Law § 720.20 (1) requires “that there be 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…