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MATTER OF SAUNDERS v. LUPIANO

30 A.D.2d 803 (1968)

In the Matter of Frank Saunders, Petitioner, v. Vincent A. Lupiano et al., as Justices of the Supreme Court of The State of New York, County of New York, Respondents

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

July 16, 1968

Denied, without costs or disbursements, and without prejudice to renewal by petitioner of his application for youthful offender treatment without waiving his rights to trial by jury.

We fully agree with the reasoning of the dissenting memorandum insofar as it concludes that the petitioner is entitled to a jury trial as a matter of right, but we deny this application solely on the ground that the subject matter of this proceeding...

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