1. Home
  2. Browse Decisions
  3. F.2d
  4. 556 F.2d
  5. 556 F.2d 644 (1977)
 

DRAYTON v. PEOPLE OF STATE OF N.Y.

No. 927, Docket 76-2173.

556 F.2d 644 (1977)

Arthur DRAYTON, Petitioner-Appellee, v. The PEOPLE OF the STATE OF NEW YORK, Eugene Gold, District Attorney, and Louis J. Lefkowitz, Attorney General of New York, Department of Corrections of the City of New York and Benjamin Malcolm, Commissioner, Arthur Rubin, Warden of Rikers Island, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 24, 1977.

Attorney(s) appearing for the Case

Franklin L. Carroll, III, Asst. Dist. Atty., Kings County, Brooklyn, N.Y. (Eugene Gold, Dist. Atty., Kings County, Brooklyn, N.Y., on brief), for respondents-appellants.

Nathan Schwartz, Brooklyn, N.Y. (Singer & Block, Brooklyn, N. Y., on brief), for petitioner-appellee.

Before MANSFIELD and GURFEIN, Circuit Judges, and NEWMAN, District Judge.

NEWMAN, District Judge:

This appeal by the State of New York from the granting of a writ of habeas corpus presents the issue of whether a distinction made in New York's scheme of penalties for 16 to 18-year olds convicted of misdemeanors violates the Constitution.

Consideration of the constitutional claim requires a brief outline of the New York sentencing provisions. Youths 16 to 18 are eligible for sentencing as...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases