PEOPLE v. RODRIGUEZ


53 A.D.2d 877 (1976)

The People of the State of New York, Appellant, v. Evelyn Rodriguez, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 6, 1976


Sentence reversed, on the law, and case remitted to the Criminal Term for resentencing in accordance with the views expressed herein.

The facts have not been considered. CPL 720.10 excludes from youthful offender treatment youths indicted for a class A-I or A-II felony. That does not make it unconstitutional (see People v Santiago, 51 A.D.2d 1; cf. People v Drayton,

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