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PEOPLE v. JINKS

63 Misc.2d 653 (1970)

The People of the State of New York, Respondent, v. Henry Jinks, Jr., Appellant.

Supreme Court, Appellate Term, Second Department.

June 19, 1970

Attorney(s) appearing for the Case

James M. McDonough and Matthew Muraskin for appellant.

William Cahn, District Attorney (Raymond G. Lavallee of counsel), for respondent.

Concur — HOGAN, J. P., PITTONI and McCULLOUGH, JJ.

Per Curiam.

Defendant was convicted of committing two class A misdemeanors (petty offenses) by a jury of six and sentenced to a conditional discharge.

This court finds no merit to defendant's argument that he was entitled to a 12-member jury because the trial court could have sentenced him to one year on each charge to run consecutively, citing Duncan v. Louisiana (391 U.S. 145

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