Defendant pleaded guilty as a youthful offender on the underlying charge of assault in the third degree (Penal Law, § 120.00). Defendant was sentenced to the New York State Reformatory for an indefinite period pursuant to section 913-m (subd. 1, par. [d]) of the Code of Criminal Procedure. Defendant moved to vacate the judgment and for resentence, his attorney contending that this court was without power to sentence the defendant...
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