Legal Opinion · Concurring in part, dissenting in part

People v. Crawford

Appellate Division of the Supreme Court of the State of New York

Decided July 17, 2014No. 12646 4925/08Published

1Concurring in part, dissenting in partFreedman, J.

I write separately because I believe the current law that allows 15 year olds to be tried as adult criminals, even though they are sentenced as juvenile offenders, belies everything science has taught us about the functioning of the juvenile brain (People v Rudolph, 21 NY3d 497, 506 [2013, Graffeo, J., concurring]). For that reason, I would reduce the sentence to 2 to 6 years to be served concurrently with the five-year term of defendant’s Kings County sentence, but would not accord defendant the youthful offender treatment that he seeks.

Defendant, age 15, pleaded guilty to robbery in the…

2Cases cited4 opinions

  1. Roper v. SimmonsSupreme Court of the United States · 2005
  2. Graham v. FloridaSupreme Court of the United States · 2010
  3. People v. RudolphNew York Court of Appeals · 2013
  4. People v. Kwame S.Appellate Division of the Supreme Court of the State of New York · 2012

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