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PEOPLE v. DRUMMOND

40 N.Y.2d 990 (1976)

The People of the State of New York, Respondent, v. Norma Jean Drummond, Appellant. The People of the State of New York, Respondent, v. Luis J., Appellant. The People of the State of New York, Respondent, v. Carlos S., Appellant. The People of the State of New York, Respondent, v. Barry A., Appellant. Louis J. Lefkowitz, Attorney-General, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided December 16, 1976.

Attorney(s) appearing for the Case

Anna M. Perry, John F. Middlemiss, Jr., and Leon J. Kesner for Norma Jean Drummond, appellant.

Stephen Lloyd Barrett and William E. Hellerstein for Luis J., appellant.

Samuel Boxer for Carlos S., appellant.

Henry J. Boitel for Barry A., appellant.

Henry F. O'Brien, District Attorney, Suffolk County (Ronald E. Lipetz of counsel), for respondent in the first above-entitled action.

Eugene Gold, District Attorney, Kings County (Robert Dublirer of counsel), for respondent in the second above-entitled action.

Carl A. Vergari, District Attorney, Westchester County (B. Anthony Morosco of counsel), for respondent in the third above-entitled action.

Henry F. O'Brien, District Attorney, Suffolk County (Denis R. Hurley of counsel), for respondent in the fourth above-entitled action.

Louis J. Lefkowitz, Attorney-General (Jules E. Orenstein and Samuel A. Hirshowitz of counsel), intervenor-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.

Per Curiam.

Orders reversed in the Luis J., Carlos S., and Barry A. actions, and the several proceedings remitted to the respective sentencing courts for consideration of defendants as youthful offenders and such resentencing as the court may in its discretion impose in accordance with CPL 720.20. The order in the Drummond action is affirmed.

For the applicable reasons stated in the dissenting opinion of Mr...

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