People v. Santiago

Rabin, Acting P. J. (dissenting).

In my view, CPL 720.10 (subd 2) violates the constitutionally-protected guarantees of due process and equal protection of the laws. The equal protection violation results from the arbitrary distinctions drawn by the statute between classes of individuals predicated on the seriousness of the crime charged in the indictment. The anomalous situation created by the statute is arbitrary and capricious and unsupported by any rational basis. As stated by Mr. Justice Greenblott in his dissent in People v Goodwin (49 AD2d 53, 56-57), a case involving the same issue now…