People v. Smith

Defendant negotiated a plea bargain under which the maximum sentence he would receive was 10 years plus five years’ postrelease supervision. At sentencing, the court indicated that it had considered all information submitted to it. This included a presentence report that recommended that defendant be sentenced as promised, even though he was eligible for youthful offender treatment (CPL 720.10).

During the pendency of this appeal, the Court of Appeals determined that CPL 720.20 (1) requires “that there be a youthful offender determination in every case where the defendant is *454eligible, even…