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PEOPLE v. DECKER

42 A.D.2d 857 (1973)

The People of the State of New York, Respondent, v. Thomas Decker, Appellant The People of the State of New York, Respondent, v. Richard Madrid, Appellant

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

August 13, 1973

Orders affirmed.

Defendants' applications for a jury trial at the first stage of their retention hearings were properly denied. We read into subdivision 2 of CPL 730.50 the procedural provisions of sections 73 and 74 of the Mental Hygiene Law which give to the defendant the right to a jury trial in the second, but not the first, stage of the two-stage retention proceedings (People v. Sera, 71 Misc...

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