People v. Dickerson

Defendant pleaded guilty as a youthful offender on the underlying charge of assault in the third degree (Penal Law, § 120.00). Defendant was sentence^,to the New York State Reformatory for an indefinite period pursuant to section 913-m (subd. 1, par. [d]) of the Code of Criminal Procedure. Defendant moved to vacate the judgment and for resentence, his attorney contending that this court was without power to sentence the defendant to more than a one-year term, citing in support thereto People v. Soto (64 Misc 2d 515). The rationale of that decision and of Matter of Hogan v. Rosenberg (24 N Y…