PEOPLE v. BAILEY


28 A.D.2d 126 (1967)

The People of the State of New York, Respondent, v. Granville Bailey, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 12, 1967.


Attorney(s) appearing for the Case

Anthony F. Marra (J. Jeffrey Weisenfeld of counsel), for appellant.

Aaron E. Koota, District Attorney (Aaron Nussbaum of counsel), for respondent.

BELDOCK, P. J., and BRENNAN, J., concur with BENJAMIN, J.; HOPKINS and NOLAN, JJ., dissent in separate opinions.


BENJAMIN, J.

This is an appeal from a judgment convicting defendant, on his guilty plea, of second degree assault with intent to commit rape, and imposing a second offender sentence of one day to life.

Defendant's main contention is that the statutes providing for the one day to life sentence are invalid for failure to afford due process, like the Colorado and Pennsylvania statutes held invalid on that...

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