Soltis v. Samenga

Contending that he is entitled to trial by a jury of 12 under section 208 of the Mental Hygiene Law on the question whether he is a narcotic addict, petitioner, who stands convicted of the crime of possession of a hypodermic instrument, seeks in this article 78 proceeding an order directing the District Court to transfer the matter to the County or the Supreme Court for trial. Respondent is the District Court Judge before whom petitioner was convicted and who has ordered the narcotic addiction question tried in the District Court before a jury of 6. Respondent has made no answer or return,…