People v. Charles S.

This 18-year-old defendant has been indicted for a class A felony arising out of an alleged .sale of cocaine, and other related' offenses, occurring when he was age 17. Under the explicit terms of CPL 720.10 (subd. .2, par. [a]), he is not eligible for youthful offender treatment upon conviction because one of the counts of the indictment charges a class A felony. However, in People v. Brian R. (78 Misc 2d. 616), I held this restriction to be unconstitutional and granted youthful offender treatment to an otherwise eligible youth who had pleaded guilty to an indictment charging, among other…