Legal Opinion
People v. Rubin S.
New York Supreme Court
Decided July 28, 1976PublishedCited by 1 opinion
1Opinion of the CourtLeonard Leigh Finz, J.
The People move pursuant to CPL 440.40 to set aside a "sentence rendered June 18, 1975 (Finz, J.) adjudicating the defendant a Youthful Offender and sentencing him to a term of probation for five years.”
The motion herein was undoubtedly inspired by the recent decision of the Appellate Division in this Department (People v Santiago, 51 AD2d 1) holding that CPL 720.10, which governs the granting of youthful offender treatment in certain cases, was not violative of the New York State Constitution notwithstanding that said section removed automatically an otherwise eligible youth from youthful…
2Cases cited36 opinions
- Katz v. United StatesSupreme Court of the United States · 1967
- In Re WINSHIPSupreme Court of the United States · 1970
- Mapp v. OhioSupreme Court of the United States · 1961
- Bruton v. United StatesSupreme Court of the United States · 1968
- Stovall v. DennoSupreme Court of the United States · 1967
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3Cited by1 opinion
- Sovik v. State of New York Department of Motor VehiclesNew York Supreme Court · 1989