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UNITED STATES EX REL. MURRAY v. OWENS

No. 71 Civ. 5683.

341 F.Supp. 722 (1972)

UNITED STATES of America ex rel. Robert MURRAY, Petitioner, v. Chester D. OWENS, Superintendent of Elmira Reception Center, Elmira, New York, et al., Respondents.

United States District Court, S. D. New York.

March 29, 1972.

Attorney(s) appearing for the Case

Charles Schinitsky, Brooklyn, N. Y., William E. Hellerstein, New York City, for petitioner, by Michael Gage, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, for State respondents, by Robert S. Hammer, New York City, of counsel.

J. Lee Rankin, Corp. Counsel, for City respondent, by Joseph I. Lauer, New York City, of counsel.

GURFEIN, District Judge.

The petitioner, a fifteen-year-old at the time of his sentence to three years' commitment to Elmira Reception Center, brings this petition for a writ of habeas corpus. He was sentenced by the Bronx County Family Court after a juvenile delinquency proceeding in which a motion for trial by jury was denied. The commitment to Elmira is authorized by the New York Family Court Act § 758 (b). That section, in pertinent part, reads as follows...

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