PEOPLE v. PARKS


41 N.Y.2d 36 (1976)

The People of the State of New York, Respondent, v. David Parks, Appellant.

Court of Appeals of the State of New York.

Decided December 16, 1976.


Attorney(s) appearing for the Case

Matthew Muraskin, James J. McDonough and Eugene Murphy, Mineola, for appellant.

Denis Dillon, District Attorney (Robert N. Zausmer and William C. Donnino of counsel), Mineola, for respondent.

Chief Judge BREITEL and Judges JONES, FUCHSBERG and COOKE concur with Judge JASEN; Judge GABRIELLI concurs in result in a separate opinion in which Judge WACHTLER concurs.


JASEN, J.

Appellant David Parks was found guilty by a jury of the crimes of rape in the third degree and endangering the welfare of a child. The Appellate Division affirmed the judgment of conviction, without opinion. On appeal to our court, appellant argues that the petit jury which convicted him was unconstitutionally selected and that the trial court erred in permitting the mentally retarded complainant to...

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