PEOPLE v. BURDEN, 42 N.Y.2d 814 (1977)

396 N.Y.S.2d 649, 364 N.E.2d 1342

Court of Appeals of the State of New York.Argued April 27, 1977
Decided May 12, 1977

Page 815

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, AARON F. GOLDSTEIN, J.

George Washington Herz for appellant.

Nicholas Ferraro, District Attorney (David G. Zucker of counsel), for respondent.

Order reversed and the case remitted to Supreme Court, Queens County, for the exercise by that court of its discretion under CPL 720.20 as to whether to afford defendant youthful offender treatment and for further appropriate proceedings (see People v Luis J., 40 N.Y.2d 990, cert den 431 U.S. 908.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.