People v. Darry P.
Criminal Court of the City of New York
1Opinion of the Court
*15OPINION OF THE COURT
Stanley Gartenstein, J.
The court is here presented with a constitutional challenge to CPL 340.40 (subd 7) which denies trial by jury to a youth who is eligible for mandatory youthful offender treatment at the same time this right is available to any other defendant, a discretionary youthful offender included, who is charged with the same crime.
This issue with which we are squarely presented has been raised in some form at almost every stage of the evolutionary process wherein this State has created in gradual phases the byzantine patchwork of statutes differentiating…
2Cases cited60 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Gideon v. WainwrightSupreme Court of the United States · 1963
- In Re GAULTSupreme Court of the United States · 1967
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Argersinger v. HamlinSupreme Court of the United States · 1972
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3Cited by5 opinions
- Taylor v. Eli Haddad Corp.New York Supreme Court · 1983
- Patricia R. v. Peter W.New York City Family Court · 1983
- Gold v. GartensteinNew York Supreme Court · 1979
- In re Keith H.New York City Family Court · 1990
- In re Robert D.New York City Family Court · 1978