People v. Barry A.

Orders reversed in the Luis J., Carlos S., and Barry A. actions, and the several proceedings remitted to the respective sentencing courts for consideration of defendants as youthful offenders and such resentencing as the court may in its discretion impose in accordance with CPL .720.20. The order in the Drummond action is affirmed.

For the applicable reasons stated in the dissenting opinion of Mr. Justice Samuel Rabin at the Appellate Division the limitations in CPL 720.10 conditioning eligibility for youthful offender treatment on the highest count of the indictment violate due process of…