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PEOPLE v. SANTIAGO

51 A.D.2d 1 (1975)

The People of the State of New York, Respondent, v. Carlos Santiago, Appellant The People of the State of New York, Respondent, v. Norma Jean Drummond, Appellant The People of the State of New York, Appellant, v. Luis Jimeness, Respondent

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

December 31, 1975

Attorney(s) appearing for the Case

Samuel Boxer for Carlos Santiago, appellant.

Carl Vergari, District Attorney (B. Anthony Morosco of counsel), for respondent.

John F. Middlemiss, Jr. (Anna M. Perry and Leon J. Kesner of counsel), for Norma Jean Drummond, appellant.

Henry F. O'Brien, District Attorney (Ronald E. Lipetz of counsel), for respondent.

Eugene Gold, District Attorney (Laurie Stein Hershey and Robert Dublirer of counsel), for appellant.

William E. Hellerstein and William J. Gallagher (Steven Lloyd Barrett of counsel), for Luis Jimeness, respondent.

In People v Santiago, LATHAM and BRENNAN, JJ., concur with HOPKINS, J.; RABIN, Acting P. J., dissents and votes to reverse and remand the case to the Supreme Court, Westchester County, for compliance with the procedure set forth in CPL 720.20 regarding youthful offender determinations, in an opinion, in which CHRIST, J., concurs.

HOPKINS, J.

We treat these three appeals together because the sole issue in each is whether CPL 720.10 (subd 2) is unconstitutional. The challenged statute provides that a person between the ages of 16 and 19 is eligible for youthful offender treatment "unless he (a) is indicted for a class A felony, or (b) has previously been convicted of a felony" (CPL 720.10, subd 2). We hold that the statute is constitutional...

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