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PEOPLE v. TROTMAN

98 Misc.2d 340 (1979)

The People of the State of New York, Plaintiff, v. Alvin Trotman and Stuart Plotkin, Defendants.

City Court of Kingston, Ulster County.

January 16, 1979

Attorney(s) appearing for the Case

Pretsch & Mainetti (Alfred B. Mainetti of counsel), for defendants. Michael Kavanagh, District Attorney (John J. Cook of counsel), for plaintiff.

HUBERT A. RICHTER, J.

Defendants, mandatory youthful offenders, pursuant to CPL 340.40 (subd 7) move to have this court declare said section of the law unconstitutional as depriving them of a jury trial.

The defendants challenging the law claim, quoting Judge SCANCARELLI in the case of People v Carolyn S. (92 Misc.2d 674, 675-676) that:

"CPL 340...

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