People v. Jiggetts
| Decision Date | 12 July 1967 |
| Citation | 282 N.Y.S.2d 317,28 A.D.2d 933 |
| Parties | The PEOPLE, etc., Respondent, v. Sam JIGGETTS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before BELDOCK, P.J., and CHRIST, BRENNAN, BENJAMIN and MUNDER, JJ.
MEMORANDUM BY THE COURT.
Order of the Supreme Court, Kings County, dated February 17, 1966, affirmed.
Defendant's sole argument in this court is that Penal Law, § 2189--a, 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, 282 N.Y.S.2d 303, and People v. Leisen, 28 A.D.2d 926, 282 N.Y.S.2d 307, 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. Joggetts, 23 A.D.2d 967, 259 N.Y.S.2d 813). 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, 258 N.Y.S.2d 109, 206 N.E.2d 196; People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 273 N.Y.S.2d 897, 220 N.E.2d 653).
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People v. Leisen
...cases in which the one-day-to-life sentence had been imposed without adherence to proper procedural safeguards (cf. People v. Jiggetts, Sup., 28 A.D.2d 933, 282 N.Y.S.2d 317, decided herewith). However, in light of the U.S. Supreme Court's conclusions, I think that this result cannot be ...
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United States ex rel. Jiggetts v. Follette, 69 Civ. 3019.
...defective was denied by the trial judge on February 17, 1966 and the denial unanimously affirmed on appeal. People v. Jiggetts, 28 A.D. 2d 933, 282 N.Y.S.2d 317 (2d Dept. 1967), aff'd 22 N.Y.2d 796, 292 N.Y.S.2d 898, 239 N.E.2d 642 (1968). An application for a writ of habeas corpus alleging......
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People v. Jiggetts
...Appellant. Court of Appeals of New York. Oct. 10, 1968. Appeal from Supreme Court, Appellate Division, Second Department, 28 A.D.2d 933, 282 N.Y.S.2d 317. Motion in the nature of coram nobis was made to vacate judgment of conviction dated February 21, Defendant had been convicted of first d......
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People v. Jiggetts
...Appellant. Court of Appeals of New York. June 14, 1968. Appeal from Supreme Court, Appellate Division, Second Department, 28 A.D.2d 933, 282 N.Y.S.2d 317. Joel A. Brenner, New York City, Anthony F. Marra, New York City, for Aaron E. Koota, Brooklyn (William I. Siegel, Brooklyn, of counsel),......