People v. Malcolm

Judgment, Supreme Court, Bronx County (William L. McGuire, J.), rendered February 4, 2011, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of one year, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing.

The record establishes that the court did not actually consider youthful offender treatment, but ruled it out on the ground that it had been waived as part of defendant’s negotiated plea. The subsequent determination by the Court of Appeals in…