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PEOPLE STATE NEW YORK v. SAM JIGGETTS (10/10/68)

COURT OF APPEALS OF NEW YORK


decided: October 10, 1968.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
SAM JIGGETTS, APPELLANT

Motion for reargument of the appeal herein or, in the alternative, motion to amend remittitur denied. (See 22 N.Y.2d 796.) Defendant received a sentence of from 40 to 60 years upon his conviction of burglary in the first degree as a second felony offender for which he was not eligible for a one-day-to-life sentence. He received lesser sentences to run concurrently on the other charges, including attempted rape, the only charge for which he was eligible to receive a one-day-to-life sentence. Section 2189-a of the former Penal Law is limited by its express terms to "[crimes] punishable in the discretion of the court with imprisonment for an indeterminate term, having a minimum of one day and a maximum of * * * life". Defendant, therefore, has failed to demonstrate that he was prejudiced in any manner by alleged deficiencies in proceedings relevant to his mental condition held pursuant to section 2189-a to determine his eligibility for a one-day-to-life sentence. For this reason, we do not reach the constitutional questions sought to be raised by defendant.

19681010

© 1998 VersusLaw Inc.



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