Sentence affirmed. Under the facts, the granting of youthful offender status was an act 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 upon the highest count of the accusatory instrument, it is unconstitutional (see People v Carlos S.,
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