Drayton v. New York

NEWMAN, District Judge:

This appeal by the State of New York from the granting of a writ of habeas corpus presents the issue of whether a distinction made in New York’s scheme of penalties for 16 to 18-year olds convicted of misdemeanors violates the Constitution.

Consideration of the constitutional claim requires a brief outline of the New York sentencing provisions. Youths 16 to 18 are eligible for sentencing as youthful offenders unless they have been indicted for class A-I or A-II felonies (punishable by death or life imprisonment) or they have been previously convicted of and sentenced for…