People v. Michael A. C.

Chief Judge Fuld.

In each of these two cases the defendant was tried by the court alone, without a jury, and adjudicated a youthful offender. On appeal, the Appellate Division treated both defendants alike, reversing each judgment on the ground that section 913-g (subd. 3) and section 913-h of the Code of Criminal Procedure,, insofar as they require a youngster between the ages of 16 and 19 to consent to a trial without a jury in order to render him eligible for youthful offender treatment, are unconstitutional. Since Michael A. C.’s trial began after May 20, 1968, the date on which the…