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GESICKI v. OSWALD

No. 71 Civ. 3276.

336 F.Supp. 371 (1971)

Esther Frances GESICKI et al., Plaintiffs, v. Russell G. OSWALD, Commissioner of Correctional Services, et al., Defendants.

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

December 22, 1971.

Attorney(s) appearing for the Case

Herman Schwartz, Edward I. Koren, Buffalo, N. Y., Rhoda H. Karpatkin, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. for State of New York, New York City, Samuel A. Hirshowitz, Arlene R. Silverman, New York City, of counsel, for defendants.

Before KAUFMAN, Circuit Judge, and METZNER and LASKER, District Judges.

OPINION

IRVING R. KAUFMAN, Circuit Judge:

This class action presents an issue of fundamental importance concerning the power of a state to enforce against juveniles a purportedly non-criminal statute which permits commitment of defendants to adult criminal correctional programs and facilities, but is impermissibly vague if judged by the standards applicable to penal laws. We hold that the particular provisions...

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