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People v. Gary

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1970
35 A.D.2d 606 (N.Y. App. Div. 1970)

Opinion

July 27, 1970


Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 22, 1969, adjudging him a youthful offender after a nonjury trial. Judgment reversed, on the law, and case remitted to the Criminal Term for a new trial before a jury. The findings of fact are affirmed. This court has recently held in People v. Michael A.C. ( 32 A.D.2d 554, affd. 27 N.Y.2d 79, and People v. David P. [ Anonymous] ( 35 A.D.2d 584) that 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; Matter of Gault, 387 U.S. 1, 12.) Hopkins, Acting P.J., Munder, Martuscello, Brennan and Benjamin, JJ., concur.


Summaries of

People v. Gary

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1970
35 A.D.2d 606 (N.Y. App. Div. 1970)
Case details for

People v. Gary

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY R.B. (ANONYMOUS)…

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

Date published: Jul 27, 1970

Citations

35 A.D.2d 606 (N.Y. App. Div. 1970)