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People v. Michael

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 1969
32 A.D.2d 554 (N.Y. App. Div. 1969)

Opinion

April 21, 1969


Appeal by defendant from a judgment of the County Court, Nassau County, rendered August 20, 1968, adjudging him a youthful offender after a nonjury trial. Judgment reversed, on the law, and case remitted to the court below for a new trial before a jury. The findings of fact below are affirmed. In our opinion, subdivision 3 of section 913-g and section 913-h of the Code of Criminal Procedure, insofar as they require a defendant to consent to a summary trial without a jury to render him eligible for youthful offender treatment, are unconstitutional (cf. Duncan v. Louisiana, 391 U.S. 145, 149; United States v. Jackson, 390 U.S. 570; Matter of Gault, 387 U.S. 1, 12; Nieves v. United States, 280 F. Supp. 994, 1006; Matter of Saunders v. Lupiano, 30 A.D.2d 803; People v. Towler, 30 A.D.2d 876). Defendant's other contentions have been examined and are without merit. Christ, Acting P.J., Brennan, Hopkins, Munder and Martuscello, JJ., concur.


Summaries of

People v. Michael

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 1969
32 A.D.2d 554 (N.Y. App. Div. 1969)
Case details for

People v. Michael

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL A.C…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 21, 1969

Citations

32 A.D.2d 554 (N.Y. App. Div. 1969)
300 N.Y.S.2d 816