The People v. David Lofton

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be reversed and the case remitted to Supreme Court for consideration of defendant’s eligibility for a youthful offender adjudication.

We agree with defendant’s contention that the trial court failed to make an on-the-record determination as to whether defendant was eligible for a youthful offender adjudication by first “considering the presence or absence of the factors set forth in CPL 720.10 (3)” (People v Middlebrooks, 25 NY3d 516, 527 [2015]).

Defendant’s remaining contention, that certain…