People v. Stevenson

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: The Supreme Court, Criminal Term, Kings County, Hyman Barshay
• Citation: People v. Stevenson, 17 N.Y.2d 682, 269 N.Y.S.2d 458, 216 N.E.2d 615 (N.Y. 1966)
• Decision Date: 31 March 1966
• Parties: , 216 N.E.2d 615 The PEOPLE, etc., Respondent, v. John STEVENSON, Appellant.

Page 458

269 N.Y.S.2d 458

17 N.Y.2d 682, 216 N.E.2d 615

The PEOPLE, etc., Respondent, v. John STEVENSON, Appellant.

Court of Appeals of New York.

March 31, 1966.

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...