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MOPPINS v. STATE OF N. Y.

34 A.D.2d 21 (1970)

Gordon Moppins, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 43085.)

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

April 2, 1970.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for appellant-respondent.

Schutrum, Howder, Palmer & Martin (Robert P. Martin of counsel), for respondent-appellant.

DEL VECCHIO, J. P., GABRIELLI, BASTOW and HENRY, JJ., concur.

MOULE, J.

Claimant, who was 16 years old at the time, was indicted on February 23, 1944 and charged with burglary in the third degree. Attached to the indictment was a printed form containing three parts. The first part was for a recommendation by the Grand Jury that a defendant be examined and investigated for youthful offender treatment. The second was for a Judge to approve or disapprove examination and investigation...

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