| People v Lofton |
| 2017 NY Slip Op 05119 [29 NY3d 1097] |
| June 22, 2017 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| As corrected through Wednesday, September 20, 2017 |
| The People of the State of New York, Respondent, v David Lofton, Appellant. |
Argued May 31, 2017; decided June 22, 2017
People v Lofton, 132 AD3d 1242, reversed.
Timothy P. Donaher, Public Defender, Rochester (Brian Shiffrin of counsel), for appellant.
Sandra Doorley, District Attorney, Rochester (Scott Myles of counsel), for respondent.
Memorandum.
The order of the Appellate Division, insofar as appealed from, should be reversed and the case remitted to Supreme Court for consideration of defendant's eligibility for a youthful offender adjudication.
We agree with defendant's contention that the trial court failed to make an on-the-record determination as to whether defendant was eligible for a youthful offender adjudication by first "considering the presence or absence of the factors set forth in CPL 720.10 (3)" (People v Middlebrooks, 25 NY3d 516, 527 [2015]).
Defendant's remaining contention, that certain remarks made by the prosecutor in summation constituted improper burden-shifting, is without merit. Viewed in conjunction with the entire summation and the trial court's corrective action, the challenged remarks did not deprive defendant of a fair trial (see People v Romero, 7 NY3d 911, 913 [2006]).
Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur; Judge Feinman taking no part.
Order, insofar as appealed from, reversed and case remitted to Supreme Court, Monroe County, for further proceedings in accordance with the memorandum herein.