People v. Joshua B.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mondo, J.), rendered September 26, 2012, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

“ ‘Upon conviction of an eligible youth, the court must order a pre-sentence investigation of the defendant. After receipt of a written report of the…