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PEOPLE v. COMICZ

59 A.D.2d 536 (1977)

The People of the State of New York, Respondent, v. William Francis Comicz, Appellant

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

August 1, 1977

Judgment reversed, on the law, sentence vacated and case remanded to the County Court for resentencing, at which time the County Court shall determine whether defendant is a youthful offender (see People v Drummond 40 N.Y.2d 990).

It appears from the record and is conceded in the People's brief on this appeal that the issue of the invalidity of the youthful offender statute was preserved by the colloquy between the court...

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