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DRAYTON v. PEOPLE OF STATE OF N. Y.

No. 76C1713.

423 F.Supp. 786 (1976)

Arthur DRAYTON, Petitioner, v. The PEOPLE OF the STATE OF NEW YORK et al., Respondents.

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

December 1, 1976.

Attorney(s) appearing for the Case

Singer & Block, Brooklyn, N. Y., for petitioner by Nathan Schwartz, Brooklyn, N. Y.

Eugene Gold, Dist. Atty., Kings County, Brooklyn, N. Y., for respondents by Franklin L. Carroll, III, Brooklyn, N. Y.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Petitioner, in his application for a writ of habeas corpus,1 challenges the constitutionality of section 720.20(1) of the New York Criminal Procedure Law, which mandates youthful offender treatment for eligible youths convicted of a misdemeanor in a local criminal court but leaves such treatment to the court's discretion when eligible youths are convicted of the same class of offense...

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