Opinion · Appellate Division of the Supreme Court of the State of New York

People v. Victor M.

56 A.D.2d 581

Type: Opinion
Court: Appellate Division of the Supreme Court of the State of New York
Jurisdiction: New York
Date: 1977-02-07
Topic: general

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 25, 1975, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. Judgment reversed as to the sentence, on the law, and *582case remanded to Criminal Term for such resentencing as the court may, in its discretion, impose in accordance with the provisions of CPL 720.20. To the extent that CPL 720.10 conditions eligibility for youthful offender treatment entirely upon the highest count of the accusatory instrument, it is unconstitutional (see People v Carlos S, 40 NY2d 990, revg 51 AD2d 1, for the applicable reasons stated in the dissenting opn of Mr. Justice Rabin at the App Div). Accordingly, the case must be remanded for such resentencing as the Criminal Term may, in its discretion, impose.

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Cited by: 4 opinions

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 25, 1975, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. Judgment reversed as to the sentence, on the law, and *582 case remanded to Criminal Term for such resentencing as the court may, in its discretion, impose in accordance with the provisions of CPL 720.20. To the extent that CPL 720.10 conditions eligibility for youthful offender treatment entirely upon the highest count of the accusatory instrument, it is unconstitutional (see People v Carlos S, 40 NY2d 990, revg 51 AD2d 1, for the applicable reasons stated in the dissenting opn of Mr. Justice Rabin at the App Div). Accordingly, the case must be remanded for such resentencing as the Criminal Term may, in its discretion, impose. Hopkins, Acting P. J., Martuscello, Cohalan, Rabin and Titone, JJ., concur.