On January 10, 1972 the petitioner was convicted in Erie County of the Class A misdemeanor of sexual abuse. The maximum sentence for this is one year. However, because he was a youth between the ages of 16 and 21, he was given a reformatory sentence, having a maximum of four years.
In the past, the courts have held that this longer sentence for youthful misdemeanants was constitutional, the reasoning being that a youth is...
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