Youthful Offender Treatment Ordered, Vacating 20-Year First-Degree Manslaughter Sentence

On April 2, the Bronx County Supreme Court vacated CAL client H.M.’s 20-year sentence for first-degree manslaughter and resentenced him as a youthful offender to one-and-a-half to four years, effectively ordering his immediate release. H.M. was only 16 years old at the time of the crime and eligible for youthful offender treatment, but the court failed to consider it at the time of his initial sentencing. At resentencing, the court was presented with substantial mitigating evidence along with proof of H.M.’s remarkable success while incarcerated, both warranting his adjudication. Ben Wiener and Allison Haupt represented H.M. on his C.P.L. § 440.20 motion and at his resentencing.