People v. Stevenson
| Decision Date | 31 March 1966 |
| Citation | 17 N.Y.2d 682,216 N.E.2d 615,269 N.Y.S.2d 458 |
| Parties | , 216 N.E.2d 615 The PEOPLE, etc., Respondent, v. John STEVENSON, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 23 A.D.2d 472, 262 N.Y.S.2d 238.
Aaron E. Koota, Brooklyn (Harold M. Brown, Brooklyn, of counsel), for respondents.
Defendant was convicted, on his plea of guilty, of second degree manslaughter.
The Supreme Court, Criminal Term, Kings County, Hyman Barshay, J., entered a judgment, and the defendant appealed.
The Appellate Division entered a judgment affirming judgment of the Criminal Term and held that defendant, who was born on August 25, 1947, was 16 years of age on August 24, 1963 on date of homicide, and was not entitled to removal of prosecution to Family Court as a juvenile offender on ground that he was under the age of 16 years at the time of the homicide. Christ, J., dissented, on ground that Section 712 of the Family Court Act which provides that a juvenile delinquent means a person over seven and less than 16 years of agemeans that birth date itself shall control and not some artificial arrangement resulting in the day before the birth date.
The defendant appealed to the Court of Appeals.
Judgment reversed, the indictment dismissed, and the matter remitted to the Supreme Court, Kings County, with direction that appellant be remanded to the Family Court for appropriate proceedings in accordance with the dissenting opinion at the Appellate Division.
All concur.
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Harris, In re
...537 A.2d 696; State v. Alley, supra, 594 S.W.2d 381; United States v. Tucker (D.C.App.1979) 407 A.2d 1067; People v. Stevenson (1966) 17 N.Y.2d 682, 269 N.Y.S.2d 458, 216 N.E.2d 615; Bynum v. Moore (1923) 101 Okl. 128, 223 P. 687.) The Pennsylvania Supreme Court recently joined this group. ......
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People v. Woolfolk
...age at which the district court gains jurisdiction over people charged with committing criminal acts”); People v. Stevenson, 17 N.Y.2d 682, 683, 269 N.Y.S.2d 458, 216 N.E.2d 615 (1966) (adopting the reasoning of the dissent in People v. Stevenson, 23 A.D.2d 472, 476, 262 N.Y.S.2d 238 (1965)......
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Mason v. Board of Education
...at 1070. The origin of this line of opinions, what amount to an exception to the exception, is the case of People v. Stevenson, 17 N.Y.2d 682, 269 N.Y.S.2d 458, 216 N.E.2d 615 (1966). In Stevenson, the New York Court of Appeals, reversing an intermediate appellate court decision, adopted th......
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People v. Williams
... ... JURISDICTION ... Although courts have consistently concluded that the age of a defendant goes to the jurisdiction, * they do not discuss the type of jurisdiction at issue (see, People v. Stevenson, 17 N.Y.2d 682, 269 N.Y.S.2d 458, 216 N.E.2d 615 [reversed for reasons stated in dissent at Appellate Division, 23 A.D.2d 472, 476, 262 N.Y.S.2d 238]; People v. Murch, 263 N.Y. 285, 290, 189 N.E. 220; People v. Ennis, 94 A.D.2d 746, 747, 462 N.Y.S.2d 499; Rodriguez v. Myerson, 69 A.D.2d 162, ... ...