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PEOPLE v. C.

56 A.D.2d 579 (1977)

The People of the State of New York, Respondent, v. Carmen C., Appellant

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

February 7, 1977

Judgment reversed as to the sentence, on the law, and case remanded to Criminal Term for such resentencing as the court may, in its discretion, impose in accordance with the provisions of CPL 720.20.

To the extent that CPL 720.10 conditions eligibility for youthful offender treatment entirely upon the highest count of the accusatory instrument, it is unconstitutional (see People v Carlos S., 40 N.Y.2d 990, revg

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