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PEOPLE STATE NEW YORK v. MICHAEL A. C. (ANONYMOUS) (04/21/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


April 21, 1969

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
MICHAEL A. C. (ANONYMOUS), APPELLANT

Appeal by defendant from a judgment of the County Court, Nassau County, rendered August 20, 1968, adjudging him a youthful offender after a non-jury trial.

Christ, Acting P. J., Brennan, Hopkins, Munder and Martuscello, JJ., concur.

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.

Disposition

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.

19690421

© 1998 VersusLaw Inc.



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