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PEOPLE v. MICHAEL A. C.

27 N.Y.2d 79 (1970)

The People of the State of New York, Appellant, v. Michael A. C. (ANONYMOUS), Respondent. The People of the State of New York, Appellant, v. Jerome C. (ANONYMOUS), Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1970.

Attorney(s) appearing for the Case

William Cahn, District Attorney (Henry P. DeVine of counsel), for appellant.

Matthew Muraskin and James J. McDonough for respondents.

Louis J. Lefkowitz, Attorney-General (Maria L. Marcus and Samuel A. Hirshowitz of counsel), for State of New York, amicus curiae.

In People v. Jerome C. (Anonymous): Judges BURKE, BREITEL and GIBSON concur with Chief Judge FULD; Judges SCILEPPI, BERGAN and JASEN concur in result only.

Chief Judge FULD.

In each of these two cases the defendant was tried by the court alone, without a jury, and adjudicated a youthful offender. On appeal, the Appellate Division treated both defendants alike, reversing each judgment on the ground that section 913-g (subd. 3) and section 913-h of the Code of Criminal Procedure, insofar as they require a youngster between the ages of 16 and 19 to consent to a trial...

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