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PEOPLE v. FENNER

36 A.D.2d 825 (1971)

The People of the State of New York, Respondent, v. Jesse Lee Fenner, Appellant

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

April 5, 1971

Judgment affirmed.

Section 913-g of the Code of Criminal Procedure, which permits an arraigning Judge to deny youthful offender treatment without a hearing or findings of fact, does not violate the due process clause of the Fourteenth Amendment (People v. Rogers, 62 Misc.2d 312).

Shapiro, J., dissents and votes to remand the case to the Criminal Term for...

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