People v. Saunders

Judgment, Supreme Court, New York County (Rena K. Uvil-ler, J.), rendered May 16, 2012, as amended June 19, 2012, convicting defendant, upon his plea of guilty, of rape in the second degree, and sentencing him to a term of two years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for a youthful offender determination, and otherwise affirmed.

Defendant is entitled, based on People v Rudolph (21 NY3d 497 [2013]), to an express youthful offender (YO) determination. Although the court denied YO treatment, the record does not establish that it did so on any…