People v. Gibson

Raymond E. Aldrich, Jr., J.

Defendant moves to vacate his judgment of conviction on the ground that it was obtained in violation of his rights under the Constitution of this State and the United States. In his supporting papers, he avers that he was convicted of the crime of murder following trial by jury, and was thereafter sentenced to an indeterminate sentence of 21 years to life, and he now claims that at the time of his sentence he was denied his due process right to be adjudicated youthful offender treatment solely because of the grade or degree of the offense for which he was indicted,…