People v. C.
| Decision Date | 21 April 1969 |
| Citation | 32 A.D.2d 554,300 N.Y.S.2d 816 |
| Parties | The PEOPLE, etc., Respondent, v. Michael A.C. (Anonymous), Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before CHRIST, Acting P.J., and BRENNAN, HOPKINS, MUNDER and MARTUSCELLO, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the County Court, Nassau County, rendered August 20, 1968, adjudging him a youthful offender after a nonjury trial.
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.
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 jury to render him eligible for youthful offender treatment, are unconstitutional (cf. Duncan v. Louisiana, 391 U.S. 145, 149, 194, 88 S.Ct. 1444, 20 L.Ed.2d 491, 522; United States v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138; Matter of Gault, 387 U.S. 1, 12, 87 S.Ct. 1428, 18 L.Ed.2d 527; Nieves v. United States, D.C., 280 F.Supp. 994, 1006; Matter of Saunders v. Lupiano, 30 A.D.2d 803, 292 N.Y.S.2d 44; People v. Towler, 30 A.D.2d 876, 293 N.Y.S.2d 7). Defendant's other contentions have been examined and are without merit.
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...the judgment on the ground that the Code provisions mandating a defendant's consent to a trial without a jury were invalid (32 A.D.2d 554, 300 N.Y.S.2d 816). On May 20, 1968, before the defendant's trial began, the Supreme Court decided the Duncan case (391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.......
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