PEOPLE v. BRIAN R.


78 Misc.2d 616 (1974)

The People of the State of New York, Plaintiff, v. Brian R., Defendant.

Supreme Court, New York County.

June 26, 1974


Attorney(s) appearing for the Case

Frank J. Rogers, Special Narcotics Prosecutor (Peter Wilson and David Crook of counsel), for plaintiff. William Gallagher, Ivar Goldart and Steven Lloyd Barrett for defendant.


LEON B. POLSKY, J.

This case brings into question the validity of CPL 720.10 (subd. 2, par. [a]), a provision which precludes the availability of youthful offender treatment to otherwise eligible youths who have been indicted for class A felonies.

Although counsel have raised several broad-gauged issues relating to the constitutionality of the restriction, both facially and in its application, I will...

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