Legal Opinion

Gold v. Gartenstein

New York Supreme Court

Decided June 14, 1979PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Irving Rader, J.

This is a proceeding brought to prohibit respondent, a Judge in the Criminal Court, from enforcing "an order directing that defendant, darry p., a person entitled to mandatory youthful offender treatment, receive a jury trial.”

Defendant Darry P., age 16, is charged in an information with petit larceny and criminal possession of stolen property arising out of an alleged purse snatching from Kathleen Whitty on March 18, 1978. Defendant is an eligible youth within CPL 720.10. Since both charges are misdemeanors, defendant is not entitled to a jury trial (CPL…

2Cases cited38 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. O'Connor v. DonaldsonSupreme Court of the United States · 1975
  3. McKeiver v. PennsylvaniaSupreme Court of the United States · 1971
  4. Scott v. IllinoisSupreme Court of the United States · 1979
  5. Baldwin v. New YorkSupreme Court of the United States · 1970

33 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Green v. StateSupreme Court of Florida · 2008
  2. People v. CruzCriminal Court of the City of New York · 1985
  3. People v. LinkCriminal Court of the City of New York · 1981
  4. Gold v. GartensteinAppellate Division of the Supreme Court of the State of New York · 1980
  5. People v. ElliotCriminal Court of the City of New York · 1993

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