People v. Trotman

*341OPINION OF THE COURT

Hubert A. Richter, J.

Defendants, mandatory youthful offenders, pursuant to CPL 340.40 (subd 7) move to have this court declare said section of the law unconstitutional as depriving them of a jury trial.

The defendants challenging the law claim, quoting Judge Scancarelli in the case of People v Carolyn S. (92 Misc 2d 674, 675-676) that:

"CPL 340.40 (subd 7) requires a single Judge nonjury trial for a defendant who is accorded mandatory youthful offender status in a local criminal court proceeding. The Legislature justifies its denial to a class of defendants of the right to a…