People v. Ruiz
| Decision Date | 14 May 1969 |
| Citation | 301 N.Y.S.2d 988,24 N.Y.2d 926,249 N.E.2d 766 |
| Parties | , 249 N.E.2d 766 The PEOPLE of the State of New York, Respondent, v. Angel RUIZ, Appellant. The PEOPLE of the State of New York, Respondent, v. Steven Earl Paul JONES, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Nathan Z. Dershowitz, Milton Adler and Julia P. Heit, New York City, for appellants in both actions.
Frank S. Hogan, Dist. Atty. (Lewis R. Friedman, Michael R. Juviler and William C. Donnino, New York City, of counsel), for respondent in the first action.
Louis J. Lefkowitz, Atty. Gen. (Maria L. Marcus and Samuel A. Hirshowitz, New York City, of counsel), as intervenor Pro se, in the first action.
Thomas J. Mackell, Dist. Atty. (Cornelius J. O'Brien, Long Island City, of counsel), for respondent in the second action.
The judgments appealed from should be affirmed. Each of these defendants was tried and adjudicated a youthful offender (Code Crim. Proc., pt. VI, tit. VII-B) prior to May 20, 1968, the date on which the United States Supreme Court handed down its decision in Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491. Since the court later held that that decision was to be given 'only prospective application' (De Stefano v. Woods, 392 U.S. 631, 633, 88 S.Ct. 2093, 20 L.Ed.2d 1308), we do not reach the question whether the Sixth Amendment of the Federal Constitution requires that the right to trial by jury be accorded to persons who are proceeded against as youthful offenders. (Cf. Code Crim.Proc., § 913--g, subd. 3; § 913--h.)
KEATING, J., taking no part.
In each case: Judgment affirmed in a memorandum.
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