Opinion
Argued June 7, 1966
Decided July 7, 1966
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILFRED A. WALTEMADE, J.
Lois P. Sheinfeld and Anthony F. Marra for appellant.
Isidore Dollinger, District Attorney ( Arnold Kideckel and Walter E. Dillon of counsel), for respondent.
Order reversed and matter remitted to the Supreme Court, Bronx County, with directions to grant the prayer of the petition that defendant be resentenced as though the February 19, 1952 sentence was under the youthful offender statute (Code Crim. Pro., pt. VI, tit. VII-B, § 913-e et seq.). The statute as now written does not permit vacatur of youthful offender adjudication on facts arising after the event.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.