Judgment unanimously reversed on the law and action remitted to Monroe County Court for a jury trial.
Memorandum:
As a condition for consideration as a youthful offender defendant was required to execute a waiver of the right to jury trial, pursuant to subdivision 3 of section 913-g and section 913-h of the Code of Criminal Procedure. He was then tried by the court without a jury; found guilty and sentenced to a reformatory period of imprisonment in custody...
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