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CRESPO v. HALL

56 N.Y.2d 856 (1982)

Angel Crespo, an Infant, by His Mother and Natural Guardian, Felicita Crespo, et al., Respondents, v. Frank Hall, as Director of the New York State Division for Youth, et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 10, 1982.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Robert J. Schack and Peter H. Schiff of counsel), for appellants.

Barbara Salken, Caesar Cirigliano, Michele Maxian and Bennett M. Lincoff for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, in accordance with this memorandum and, as so modified, affirmed.

The unambiguous statutory scheme establishes that, immediately upon sentencing, a juvenile offender must be committed to the custody of the Director of the State Division for Youth (DFY) for confinement in a secure DFY facility. CPL 430.20 (subd 1) provides that "[w]hen...

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