Judgment reversed, on the law, and case remitted to the court below for a new trial before a jury.
The findings of fact below are affirmed. In our opinion, subdivision 3 of section 913-g and section 913-h of the Code of Criminal Procedure, insofar as they require a defendant to consent to a summary trial without a jury to render him eligible for youthful offender treatment, are unconstitutional (cf. Duncan v. Louisiana,
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