People v. Killeen

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN KILLEEN, Appellant

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

Date published: Nov 1, 1993

198 A.D.2d 233 (N.Y. App. Div. 1993)

603 N.Y.S.2d 510

Opinion

November 1, 1993

Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).

Ordered that the judgment is affirmed.

We reject the defendant's argument that New York's statutory scheme (Penal Law § 10.00; § 30.00 [2]; CPL 1.20; 180.75, 210.43), which permits persons between the ages of 13 and 15 who commit serious violations of the Penal Law to be treated differently than those young persons who commit nonserious violations, violates the Due Process or Equal Protection Clauses of the Federal and State Constitutions (see, People v Ryals, 100 Misc.2d 551). Further, the defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.