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PEOPLE v. D.

56 A.D.2d 579 (1977)

The People of the State of New York, Appellant, v. Mariano D. Respondent

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

February 7, 1977

Sentence affirmed.

Under the facts, the granting of youthful offender status was a proper exercise of discretion. Accordingly, the sentence appealed from was not invalid as a matter of law (see CPL 720.20; 450.20, subd 4). 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<...

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