People v. Fabrice Lowe


AD4 order dated January 3, 2014, modifying judgment of conviction. Decision below: 113 AD3d 1133, 978 NYS2d 558. Rivera, J., granted leave August 4, 2014. Argued May 6, 2015.
ISSUE PRESENTED: Where a youth is “ineligible” for YO treatment because of the nature of the crime (e.g. “armed felony”), is the sentencing court required to make a particularized finding of no “mitigating circumstances” (CPL §720.10[3]) before rejecting the request. (Assigned counsel: Philip Rothschild, Frank H. Hiscock Legal Aid Society, 351 South Warren Street, Syracuse, NY 13202.)