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PEOPLE v. BUTTS

18 N.Y.2d 614 (1966)

The People of the State of New York, Respondent, v. Richard Butts, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1966.

Attorney(s) appearing for the Case

Lois P. Sheinfeld and Anthony F. Marra for appellant.

Isidore Dollinger, District Attorney (Arnold Kideckel and Walter E. Dillon of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.

Order reversed and matter remitted to the Supreme Court, Bronx County, with directions to grant the prayer of the petition that defendant be resentenced as though the February 19, 1952 sentence was under the youthful offender statute (Code Crim. Pro., pt. VI, tit. VII-B, § 913-e et seq.). The statute as now written does not permit vacatur of youthful offender adjudication on facts arising after...

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