From Casetext: Smarter Legal Research

People v. Jiggetts

Appellate Division of the Supreme Court of New York, Second Department
Jul 12, 1967
28 A.D.2d 933 (N.Y. App. Div. 1967)

Opinion

July 12, 1967


Order of the Supreme Court, Kings County, dated February 17, 1966, affirmed. Defendant's sole argument in this court is that section 2189-a of the Penal Law, insofar as it provides for a one day to life sentence for certain sex offenses, is unconstitutional because it makes no provision for a full "due process" hearing. This same argument was advanced and rejected in People v. Bailey ( 28 A.D.2d 126) and People v. Leisen ( 28 A.D.2d 926) decided herewith. Moreover, unlike the defendants in the Bailey and Leisen cases, the defendant at bar was sentenced for specified and concurrent terms for each of his sexual offenses, not for one day to life. These sentences were upheld on appeal against the claim, inter alia, that they were excessive (see People v. Jiggetts, 23 A.D.2d 967). In other words, assuming there is merit to the argument that section 2189-a violates the constitutional standards of due process (and the Bailey and Leisen cases hold otherwise), defendant has not shown he has been prejudiced thereby (cf. People v. Tyson, 15 N.Y.2d 866; People ex rel. Keitt v. McMann, 18 N.Y.2d 257). Beldock, P.J., Christ, Brennan, Benjamin and Munder, JJ., concur.


Summaries of

People v. Jiggetts

Appellate Division of the Supreme Court of New York, Second Department
Jul 12, 1967
28 A.D.2d 933 (N.Y. App. Div. 1967)
Case details for

People v. Jiggetts

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAM JIGGETTS, Appellant

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

Date published: Jul 12, 1967

Citations

28 A.D.2d 933 (N.Y. App. Div. 1967)

Citing Cases

United States ex Rel. Jiggetts v. Follette

See United States ex rel. Levy v. McMann, 394 F.2d 402 (2d Cir. 1968). A petition for a writ of error coram…