People v. Dawn Maria C.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Although no appeal lies from the Appellate Division order of reversal "as a matter of discretion in the interest of justice” to review the intermediate appellate court’s exercise of its discretion in declaring defendant a youthful offender (CPL 450.90 [2] [a]), an appeal does lie to consider the narrow issue concerning the legality of that court’s corrective action (CPL 450.90 [2] [b]; People v Mackell, 40 NY2d 59). We find no illegality in the Appellate Division’s remittal to County Court for sentencing. In…