Judgment insofar as it imposes sentence unanimously reversed and defendant remanded to Monroe County Court for resentencing.
Memorandum:
At the time of sentencing, after her conviction based on a plea of guilty to the criminal sale of a controlled substance in the third degree (Penal Law, § 220.39), defendant challenged the constitutionality of CPL 720.10 (subd 2, par [a]) which precluded otherwise eligible youths from consideration for youthful offender...
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