People v. Rudolph

OPINION OF THE COURT

Smith, J.

CPL 720.20 (1) says that, where a defendant is eligible to be treated as a youthful offender, the sentencing court “must” determine whether he or she is to be so treated. We hold that compliance with this statutory command cannot be dispensed with, even where defendant has failed to ask to be treated as a youthful offender, or has purported to waive his or her right to make such a request. In so holding, we overrule People v McGowen (42 NY2d 905 [1977]).

I

Defendant was charged with several counts of felony drug possession, committed when he was 17 years old. He…